Avoid Losing Government Contracts in SBA Size Protests, Or Criminal Liability for Violating SBA Affiliation & PPP Loan Rules. SBA Small Business Affiliation Rules have been relaxed in recent years. However, more and more small businesses are being investigated by the Department of Justice and SBA OIG. Even though understanding… Read more »
Many small businesses think about getting into the SBA Mentor- Protégé Program. However, to become a mentor, they must first meet the SBA mentor definition. The program is in place to help small businesses to be able to secure federal government projects with the aid of a business mentor that… Read more »
Possible relief to named subcontractors in government bids who are later let go by the prime contractor: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract after award. This seems… Read more »
By virtue of congressional mandates and FAR regulations for small business firms, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various SBA affiliation rules that regulate government contracts for small businesses including those set aside for designated SBA programs and… Read more »
The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZ Ones small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to… Read more »
Caution: Violations of the Ostensible Contractor Rule Result in Lost Contracts Given the new SBA subcontractor rules and regulations, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new SBA affiliation rules relax the possibility of becoming affiliated, the Ostensible Subcontractor Rule… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »
Contractors can sometimes make mistakes when calculating the SBA’s 35% HUBZone employee requirements when bidding for government contracts. 13 CFR 126.601 governs the employee residency requirements for HUBZone certified companies. Failure to comply with the rule can cause companies to lose out on millions in government contract awards. In addition,… Read more »
As a government contractor, or company seeking to buy a business where federal contracts are involved, you must consider the various implications you face given the federal regulations governing novation law and the sale of a business and assignment of contract issues. There are various legal nuances involved with assignment and… Read more »
To better understand what is a mentor under the SBA All Small Mentor Protege Program (ASMPP), it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Program is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR… Read more »