Final 2022 NDAA Draft Allows HUBZone Appeals

The final version of the 2022 National Defense Authorization Act, agreed upon by negotiators for both the House and Senate and signed by the president, will allow the SBA’s Office of Hearings and Appeals to hear appeals related to the SBA’s HUBZone status decisions.

We here at Koprince McCall Pottroff LLC welcome the pending change, which will be a big step forward for the HUBZone program in terms of transparency and fairness.

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House-Approved 2022 NDAA Makes HUBZone Changes, Including HUBZone Appeals

The House-passed version of the 2022 National Defense Authorization Act would make some significant changes for the HUBZone program. Among them are the ability to have HUBZone appeals heard by administrative judges. Below is a summary of the key changes The House version of the 2022 NDAA includes some amendments that could come about if they are all included in the final law.

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HUBZone FAQ Update: Maps and Other Changes

The SBA’s HUBZone program can be a confusing program to understand and comply with. Keeping on top of the regulations requires keeping up on legislative and program changes on a revolving basis. The SBA has recently frozen the HUBZone maps and changed principal office rules. In a corresponding move, the SBA has updated the Frequently Asked Questions (FAQ) section for the HUBZone program to clarify some details on HUBZone Program rules.

Here are some key points you should know about this latest FAQ update.

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New HUBZone Program Guidance Sheds Light on Principal Office Long-Term Investment Rules

The HUBZone Program has released updated FAQs that provide guidance on important HUBZone rules and how SBA will be interpreting them. While these don’t have the authority of a regulation, the new guidance shows how SBA will come down on certain HUBZone questions that aren’t answered in the regulations. These include the details on long-term investment in a principal office as well as a few other rules. Read on for how SBA will interpret these rules.

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Event: Understanding & Obtaining HUBZone Certification – Update 2021

Live Govology Webinar: April 8, 2021, 1:00-2:30pm EDT Instructors: Steven Koprince & Shane McCall

In late 2019, the SBA issued a final rule, making several changes to the HUBZone program. Join us as we discuss these changes as well as SBA’s related guidance and provide an overview of the HUBZone program’s requirements, including:

  • Ownership, control, and other HUBZone eligibility criteria.
  • Benefits: HUBZone set-asides, sole-source contracts, and price preference.
  • The principal office rule and why it may not be your headquarters.
  • The 35% employee rule and the “attempt to maintain” standard.
  • Who qualifies as an employee and what happens if they move.
  • The clear line of fracture standard.
  • Annual certification.
  • Program examinations.
  • Maintaining compliance in a changing landscape.

If you’re a HUBZone concern trying to navigate these uncharted waters or have thought about obtaining HUBZone certification in the future, this webinar is for you. Register here.