Given that the customer in Federal Government Contracting is the United States government, many people assume that to be a “Small Business” for this industry, you must be owned by United States citizens or a United States business. While this distinction could matter for other federal government contracting purposes, to simply qualify as a small business under SBA rules, a business does not necessarily need to be owned by a United States citizen or business. This installment of our GovCon FAQ series will discuss how a foreign-owned business can still be seen as a small business under SBA rules.
Continue readingTag Archives: sba regulations
SBA Proposed Rule: Make WOSB, SDVOSB, and 8(a) Regulations More Consistent
If you ask any small business federal government contractor or their attorney for the top complaints about the regulations that apply to the Small Business Administration, inconsistency between the various programs is likely to show up on that list. At first glance, it seems the requirements are pretty standard across the board. However, when you dive deeper, you’ll likely notice that even though the requirements are similar, there are enough small differences in the language you can’t just assume that, say, a requirement for service-disabled veteran-owned small business (SDVOSB) is going to be the same for a woman-owned small business (WOSB) or an 8(a) Program participant.
The differences make it crucial to look at the specific regulations for the specific SBA program to ensure compliance. You can’t just assume that they are the same. Thankfully, it looks like the SBA has finally heard our cries for consistency with a recent Notice of Proposed Rulemaking, in which it attempts to align the WOSB Program with the new SDVOSB/VetCert Program and the 8(a) Program. And, as an added bonus, the beginnings of what appears to be a plan to make the WOSB certification process a bit easier if your business is already certified under either the 8(a) program or the SDVOSB program.
Continue readingYear in Review: Top SmallGovCon Posts of 2023
Happy New Year to our SmallGovCon readers! While we have already posted some updates from 2024, it’s a good time to reflect on the important posts from 2023.
This post revisits those blog posts from 2023 that were the most popular. Below, we summarize the blogs written in 2023 that were the most popular as well as the perennial favorites from years past that were the most viewed in 2023. It’s a good chance to look back on the important articles from 2023, and those topics of continuing interest to federal contractors.
Here are the top 10 blog posts that were posted in 2023. As usual, our readers were interested in changes to SBA’s rules, including changes to the 8(a) Program and the social disadvantage requirement, as well as our Back to Basics series focusing on issues such as teaming agreements, debriefings, and SAM registration.
Continue reading8(a) Rule Update: Agencies Can’t Limit 8(a) Competition to Participants with Additional Certifications, SBA Clarifies Bona Fide Place of Business for Construction Contracts
A few months ago, we explored SBA’s new rule that made changes to the 8(a) program, the limitations on subcontracting rules, and the ostensible subcontractor rule. There was another aspect of that new rule that also makes some needed clarification on how contracting officers can limit 8(a) competitions, and we want to briefly explore that here.
Continue readingOn Deck for SBA Regulations in 2023: Affiliation and WOSB Rule Changes
SBA, like other agencies, publishes a semiannual Regulatory Agenda to provide an update on the various rules it has coming up as well as a timeline 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. Here is a summary of the upcoming rules and what we think could most impact federal contractors. Be sure to comment on these rules if you have an opinions on them.
Continue readingLaw to Create One Stop Shop for Small Businesses Questions
In late 2022, Congress passed and the President signed a law that aims to make it easier for Small Business Contractors to track down small business compliance information for the wide range of agencies involved in government contracting, that are currently housed somewhere within each specific agency’s website. In this post, SmallGovCon reviews this law, and through it, can examine with our readers where you can currently find the many resources available for small business issues at federal agencies. While these small business offices may not be able to solve all your problems as a federal contractor, a free resource is always good to have.
Editor’s Note: the website is up and running here.
Continue readingYear in Review: Top SmallGovCon Posts of 2022
Happy New Year, Readers! Hope everyone is off to a great start in 2023. As we have done in the past, we want to take a step back and revisit those blog posts from 2022 that were the most popular. Below, we summarize the blogs written in 2022 that were the most popular as well as the perennial favorites from years past that were the most popular in 2022. It’s a good chance to look back on the important articles from 2022, and those topics of continuing interest to federal contractors.
Continue reading