SBA Inspector General Questions Legality of Relaxed HUBZone Residency Rule

Last December, SBA overhauled its HUBZone Program rules in an effort to make it easier for companies to obtain and maintain HUBZone certification–and to help the Government stop falling so woefully short of the three percent HUBZone prime contracting goal.

But now, in a new report, SBA’s internal watchdog is questioning whether one of those HUBZone Program changes went too far.

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SBA Provides Flexibility for HUBZone Compliance

We’ve written quite a few posts about how contractors can adapt and deal with the changes caused by the COVID-19 pandemic. Some small businesses federal contractors, however, face unique challenges. This is particularly true of participants in the HUBZone Program. Specifically, while the OMB has encouraged agencies to allow contractor employees to telework, how will this affect HUBZone entities, where the location of their employees is key to maintaining their HUBZone status?

Well, the SBA has the answer in some recent guidance, and it’s something we could all probably do with a little more of–flexibility. Flexibility, in this case, means that SBA realizes complying with the principal office and employee residency requirements may be tough during a time when all people are encouraged to telework. The flexibility applies to a few of the HUBZone rules.

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SBA Issues Guidance on New HUBZone Rules

Can a business seeking HUBZone status give employees bonuses or higher wages to entice them to live in a HUBZone?

According to new guidance published by the U.S. Small Business Administration, yes. But that’s not the only question addressed in the guidance.

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New HUBZone Rules Kick In December 26

SBA proposed a major revamp of how it will interpret and enforce the HUBZone program’s rules back in October of 2019. We wrote about the major changes in a couple of posts (here and here) as well as some of the common misconceptions that SBA cleared up as part of the proposed rule.

Well, the wait is over. SBA will release the final rule November 26 and the new rules will become effective on December 26, 2019.

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5 Things You Should Know: HUBZone Program (The Basics)

Editor’s Note: You can find our updated post on the HUBZone Basics here.

5 Things has previously discussed 8(a) Program basics and eligibility requirements. But the 8(a) Program isn’t the only socioeconomic program benefiting small businesses. In this post, we’ll begin exploring another crucial program for small businesses: the Historically Underutilized Business Zone—or HUBZone—program.

Here are five things you should know about the HUBZone program.

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DOJ Files Complaint In HUBZone Fraud Cause

The Department of Justice has filed a complaint accusing an Ohio construction contractor and its owner of fraudulently obtaining HUBZone certification and HUBZone set-aside contracts.

According to a DOJ press release, the government is alleging that William Richardson, the owner of TAB Construction Co. Inc., made false statements regarding TAB’s principal office to obtain HUBZone certification, then used that certification to win millions of dollars in HUBZone set-aside contracts.

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HUBZone Fraud: Contractors Agree To $6.25 Million Settlement

Two Kentucky-based government contractors and their owners have agreed to pay $6.25 million to settle HUBZone fraud claims, according to a U.S. Department of Justice press release.

The costly settlement puts an end to a saga involving DOJ claims of a vacant “principal” office, undisclosed affiliation, and fraudulent statements made to the SBA and and the U.S. Army.

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