What’s on SBA’s Regulatory Plate for 2022? A Hint: Increased Size Standards

SBA publishes its semiannual Regulatory Agenda to provide an update on the various rules it has in the pipeline and an estimate for when they will be published or become final. While SBA doesn’t have to meet these timeframes, it’s always good to check in on what SBA has been working on when the final rules will come out. This agenda includes an update on increased size standards, along with some other important rules. Read on for the highlights and be sure to comment on any rules that you have an opinion on.

Continue reading

Picking Your Team: Joint Ventures Versus Prime/Subcontractor Teams (Part Two, Past Performance)

Federal contractors often ask: “Is it better to team up for government work with a prime-sub arrangement or with a joint venture?” Well, (spoiler alert) the answer is: it depends. But I won’t leave you with just that. This three-part series will provide insight on some of the major differences between these two types of “teams” that offerors should consider when making the decision between a joint venture or prime/subcontractor team in competing for and performing federal contracts. While this series will not provide a comprehensive list of all the differences between these two types of teams, it will cover some of the big ones that seem to come up more frequently in this decision-making process. The focus of the first article in this three-part series was work share considerations. This second article will focus on evaluations of a team’s past performance.

Continue reading

Conflicting CIO-SP4 Updates For CTAs, And Now, A Promise to Clarify

We finally have NITAAC’s CIO-SP4 solicitation, complete with several amendments and a Q&A. So that means the anticipated offerors have the answers to all of their questions about this long-awaited GWAC procurement, right? Well, no. In fact, for anyone planning to team-up for CIO-SP4, there seems to be more confusion now than ever before.

Continue reading

5 Things You Should Know: SBA’s Recent 8(a) Program Updates

SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes. But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant. There were also some pretty important changes to the 8(a) Program just prior to and subsequent to SBA’s November 2020 final rule.

Suffice it to say, there is a lot to process! So, we thought a quick summary blog on some of the most significant changes to the 8(a) Program of late might help you in that endeavor. Without further ado, here are five things you should know about SBA’s recent 8(a) Program updates.

Continue reading

8(a) Term Extension Questions and Details

Since the COVID-19 Relief Bill passed was enacted on December 27 (including the 8(a) term extension that we discussed earlier), the 15-day window for SBA’s rules on the extension falls on January 11. Here are some thoughts on how we think SBA may fill in the gaps for this important 8(a) term extension, based on our interpretation of the statute and feedback from SBA.

Continue reading

Joint Ventures and the Limitations on Subcontracting: SBA Provides Some Clarity

Joint ventures operating under the SBA’s regulations are subject to two work share restrictions: the limitations on subcontracting, which governs work share between the joint venture and its subcontractors) and the so-called “40 percent rule,” which governs work share between the joint venture partners.

It can be easy to get confused about how the rules work together. Fortunately, in a new rule published on October 16, SBA has provided some much-needed clarity.

Continue reading

YouTube Tuesday: What is EDWOSB Status?

There have been a few changes recently to the WOSB and EDWOSB certification process–so now is as good a time as any to walk through the requirements for EDWOSB (or Economically-Disadvantaged Woman-Owned Small Business) status. In this video, I provide an overview of the benefits of and requirements for EDWOSB status:

If you have questions, we are happy to help! You can reach us here.

Looking for the latest government contracting legal news? Sign up here for our free monthly newsletter, and follow us on LinkedIn, Twitter and Facebook.