I recently authored an article for Law360’s Expert Analysis column outlining a joint notice issued by the Information Security Oversight Office (ISOO), which offers guidance to government contractors regarding entity eligibility determination (EED) requirements for joint ventures.Continue Reading New Requirements for Government Contractors and Joint Ventures
Small Business Regulations and Programs
New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios. Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
The Corporate Transparency Act: A Primer for “Small” Businesses
The Corporate Transparency Act (CTA), which aims to curb illicit financial activities like money laundering and other fraudulent activities, will go into effect on January 1, 2024. Consequentially, many types of businesses, known as “reporting companies,” will be required to provide certain identifying information to the Financial Crimes Enforcement Network (FinCEN) related to the individuals who directly and indirectly own them. The information will then be stored in a non-public database to be used in a variety of government enforcement efforts. Continue Reading The Corporate Transparency Act: A Primer for “Small” Businesses
UPDATE: 8(a) Reopens its Certify Site Welcoming New Applicants
On September 29, the Small Business Administration (SBA) reopened its Certify portal to new applicants seeking admittance into the SBA 8(a) program. Continue Reading UPDATE: 8(a) Reopens its Certify Site Welcoming New Applicants
UPDATE: Next Step in SBA’s Implementation of Ultima Ruling to 8(a) Program
The July 19 Ultima ruling threw the 8(a) program into tumult after the U.S. District Court for the Eastern District of Tennessee found the program’s rebuttable presumption mechanism, used to find social disadvantage, in violation of the Fourteenth Amendment’s Equal Protection Clause.Continue Reading UPDATE: Next Step in SBA’s Implementation of Ultima Ruling to 8(a) Program
SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling
On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s eligibility process. Continue Reading SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling
SBA Tidies Up 8(a) Rules in Welcomed Final Rule
Effective May 30, 2023, a Small Business Administration (SBA) final rule made some notable changes to SBA’s 8(a) Business Development (BD) program, a valuable resource for those firms owned by socially and economically disadvantaged individuals.Continue Reading SBA Tidies Up 8(a) Rules in Welcomed Final Rule
Final Rule Makes Host of Changes to SBA Regulations
On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule issued on September 9, 2022, provide new penalties for noncompliance with the limitations on subcontracting rule, updated joint venture (JV) and size requirements, and changes to the ostensible subcontractor rule. This post dissects the regulations and highlights a few noteworthy changes below.Continue Reading Final Rule Makes Host of Changes to SBA Regulations
SBA Proposed Rule May Boost Use of Small-Business Contractors
In a recent article published by Law360, I discussed a rule proposal from the Small Business Administration (SBA) that could boost the use of small-business contractors in federal contracts.Continue Reading SBA Proposed Rule May Boost Use of Small-Business Contractors
Compliance Considerations for Government Contractors Using Disadvantaged Business Enterprises
I recently outlined the requirements that government contractors must observe when using Disadvantaged Business Enterprises (DBEs). A DBE is categorized as “for-profit businesses which are at least 51% owned and controlled by socially and economically disadvantaged individuals.” The Infrastructure Investment and Jobs Act (IIJA) emphasizes the use of DBEs when awarding contracts and requires that prime contractors commit a certain amount of the award to DBEs that perform a “commercially useful function.” While not explicitly defined, “there is a presumption that the DBE is not performing a ‘commercially useful function’ when it performs less than 30% of the contract’s total cost with its workforce,” I explained in the article.Continue Reading Compliance Considerations for Government Contractors Using Disadvantaged Business Enterprises