Last week, SBA proposed big changes for some of its small business regulations, particularly those in the 8(a) Program. This blog post is Part 2 in our coverage of the proposed amendments (see Part 1 here) and will cover SBA’s potential changes to the procurement process for 8(a) contracts.
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Breaking News: SBA (Finally!) Proposes Regulation Extinguishing WOSB Self-Certification
In a move bringing to mind Etta James’ most popular refrain, SBA has proposed an amendment to its regulations which will require Woman-Owned Small Business program participants to be certified by the SBA or an SBA approved third-party certifier.
Continue readingSBA Proposes Rules For SDVOSB/VOSB CVE Protests & Appeals
The SBA has proposed rules to enable contractors to file protests with the SBA Office of Hearings and Appeals challenging the SDVOSB or VOSB status of a company included in the VA’s CVE VetBiz database. The same set of proposed rules would allow a contractor to appeal to OHA if the VA denies the contractor’s application for inclusion in the CVE database, or cancels an existing verification.
The proposed rules, once finalized, will offer important new protections for SDVOSBs and VOSBs and are the first official step in implementing Congress’s mandate that the SBA and VA consolidate their SDVOSB eligibility requirements.
SBA Proposed Rule Will Allow SBA OHA Size Standard Appeals
The SBA’s Office of Hearings and Appeals will have authority to hear petitions for reconsideration of SBA size standards under a proposed rule recently issued by the SBA.
Once the proposal becomes a final rule, anyone “adversely affected” by a new, revised or modified size standard would have 30 days to ask OHA to review the SBA’s size standard determination.
WOSB Certification: SBA Seeks Public Comments
A year after Congress surprisingly eliminated WOSB self-certification, the SBA is asking for public comment on how to certify WOSBs.
In a notice published today, the SBA states that it intends to draft regulations to address the statutory change, but “seeks to understand what the public believes is the most appropriate way to structure a WOSB/EDWOSB certification program.”
WOSB Sole Source Contracts: One Step Closer
Women-Owned Small Business sole source contracts have moved one step closer to becoming a reality.
Today, the SBA issued a proposed rule implementing the WOSB sole source authority contained in the 2015 National Defense Authorization Act. The relative speed with which the proposed rule was issued suggests that WOSBs could begin receiving sole source awards later this year.
Subcontracting Plans: SBA Proposes Stronger Enforcement
Large businesses’ subcontracting plans would be subject to stricter compliance standards under a SBA proposed rule introduced December 29.
The intent of the new regulations is to compel prime contractors to make good faith efforts to comply with their subcontracting plans by implementing reporting mechanisms and harsher penalties for fraudulent actions or actions made in bad faith. Small businesses subcontractors are likely to agree that these are positive changes.