The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent program-wide data request. The suspensions are part of a broader effort by SBA to audit the 8(a) program and root out fraud, waste, and abuse.Continue Reading SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All Small Business Awards Over $20 Million
Small Business Regulations and Programs
COFC Decision Highlights Risks in Mentor-Protégé Joint Venture Agreements
On September 18, the Court of Federal Claims (COFC) issued a decision in Multimedia Environmental Compliance Group JV v. United States, denying a bid protest that challenged the Small Business Administration’s (SBA’s) Office of Hearings and Appeals (OHA) ruling on joint venture eligibility. Continue Reading COFC Decision Highlights Risks in Mentor-Protégé Joint Venture Agreements
FAR Part 19 Rewrite: Key Developments for Small Business Contracting
The Federal Acquisition Regulatory (FAR) Council recently released its long-awaited overhaul of FAR Part 19, the section governing small business programs. While the rewrite is part of the Trump administration’s broader initiative to reduce the FAR to statutory and “essential” provisions, the changes to Part 19 carry significant implications for both small and large contractors.Continue Reading FAR Part 19 Rewrite: Key Developments for Small Business Contracting
Army Introduces FUZE to Streamline Innovation and Acquisition
In September, the U.S. Army outlined its plans to modernize how it engages with industry and accelerate the development of new technologies. At the Army Demand Signal Forum, leaders emphasized the importance of closer collaboration with industry, small businesses, and startups. The event highlighted the Army’s effort to better connect operational needs with available technologies and to create clearer pathways for companies to contribute solutions.Continue Reading Army Introduces FUZE to Streamline Innovation and Acquisition
SBA Proposes Bigger Size Standards: What It Means for Small Businesses
On August 22, the U.S. Small Business Administration (SBA) proposed an important change that could affect thousands of companies competing for federal contracts. In the proposed rule, the SBA suggested raising certain size standards used to determine when a company is considered “small.” If finalized in its current form, the proposal will increase thresholds across 263 industries, from telecommunications and natural gas pipelines to commercial banking, and could add more than 11,000 firms to the small business category.Continue Reading SBA Proposes Bigger Size Standards: What It Means for Small Businesses
Small Business Alert – Possible End for the Rule of Two?
The federal government’s commitment to supporting small businesses through procurement remains strong, but the shape and scale of that support may soon look very different. In accordance with recent executive orders, sweeping changes to acquisition policies are already underway and the future of key non-statutory provisions favoring small businesses is uncertain. While there has been no clear indication that the Federal Acquisition Regulation (FAR) Council intends to eliminate one of the most important of those provisions, known as “the Rule of Two,” its non‑statutory status means such a move is within the realm of possibility and is likely the reason that, as noted below, legislation codifying the Rule of Two was introduced earlier this year. This uncertainty underscores how dynamic the government contracting landscape has become and raises important questions about how reforms could impact small businesses that rely on federal contracts.Continue Reading Small Business Alert – Possible End for the Rule of Two?
Changes Related to Small Business Federal Contracting Goals
I recently authored an article for Federal News Network offering insight on adjustments made by the Trump administration related to small business federal contracting goals moving forward.Continue Reading Changes Related to Small Business Federal Contracting Goals
Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor
On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC (GD Resources). This decision demonstrates the application of the 2023 “safe-harbor” addition to the ostensible subcontractor rule as previously discussed in an earlier blog post.Continue Reading Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor
Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility
The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture agreement gives the protégé managerial control. Size Appeal of Acacia7 JV shows how drafting loose managerial terms can lead to an unfavorable outcome.Continue Reading Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility
Trump Administration Revises SBA’s Small Business Goals
On January 24, the SBA announced updated small business contracting goals for fiscal year 2025, significantly decreasing some goals and standardizing targets across federal agencies. These changes bring the small business targets more closely in line with historic targets.Continue Reading Trump Administration Revises SBA’s Small Business Goals