Tag Archives: SBA

SBA Announces National Small Business Week 2017

This year’s National Small Business Week will be held from April 30-May 6, 2017.

Every year since 1963, the President of the United States has issued a proclamation announcing National Small Business Week, which recognizes the critical contributions of America’s entrepreneurs and small business owners.

More than half of Americans either own or work for a small business, and they create about two out of every three new jobs in the U.S. each year.

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NDAA Makes Changes to the SDVOSB Programs and Authorizes GAO Jurisdiction to Hear Task Order Protests

Congress often includes provisions dealing with small business programs in its annual National Defense Authorization Act. 2016 was no exception.

This year, In Section 1832, Congress has attempted to provide some uniformity to the Veterans Administration and the Small Business Administration programs for our veteran-owned small businesses. Here are the highlights:

Uniformity in Service-Disabled Veteran Definitions

  • Defines “small business concern owned and controlled by service-disabled veterans” in the small business act and makes the definition universal for both the SBA and VA SDVOSB Program (8127 of title 38)
  • Requires VA to use the SBA regulations to verify the status of a concern as a small business and the ownership and control of such a concern, for purposes of the VA’s SDVOSB program
  • States that the VA may not issue regulations related to the status of a concern as a small business or the ownership/control of such a business
  • Of note: both SBA and VA now allow a company owned by a spouse of a veteran who was 100% disabled at the time of his death or died as a result of a service-connected disability, and who acquires the ownership interest of the veteran after his death, to qualify as an SDVOSB (previously VA allowed this, but SBA did not)

Appeals of inclusion in database

  • Can appeal VA’s denial of verification to OHA

As always, implementing these changes will require some regulatory changes by both agencies and we will keep you posted on that progress.

Separately, the General Accountability Office’s jurisdiction to hear some task order protests had expired by Congress and has now permanently granted GAO jurisdiction to hear protests of civilian task orders valued at $10 million or more and protests of defense agency task orders of $25 million or more.

About the Author: Pam Mazza is the managing partner of PilieroMazza. She may be reached at pmazza@pilieromazza.com.

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Recent Clarifications to SBA’s Definition of Receipts

Over the summer, SBA published a final rule and size policy statement elucidating what is included in “receipts” for purposes of a size calculation. While SBA made clear that “all income” is to be included in receipts, it also clarified an important receipts exclusion for small businesses.

Specifically, SBA amended 13 C.F.R. § 121.104 to clarify that receipts “include all income,” and the only exclusions from income are the ones specifically listed in paragraph (a) of that regulation. Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, 81 Fed. Reg. 34,243, 34,253 (May 31, 2016). This clarification was motivated by apparent confusion among contractors: “It was always SBA’s intent to include all income, except for the listed exclusions; however, SBA has found that some business concerns misinterpreted the current definition of receipts to exclude passive income.” The amended regulation states: “Receipts means all revenue in whatever form received or accrued from whatever source, including from the sales of products or services, interest, dividends, rents, royalties, fees, or commissions, reduced by returns and allowances.” 13 C.F.R. § 121.104(a) (emphasis added).

The four discrete exclusions from receipts that the regulation provides are:

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SBA Releases Long Anticipated Final Rule Establishing Government-wide Mentor-Protégé Program for All Small Business Concerns

On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a government-wide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the Proposed Rule released nearly a year and half ago, the Final Rule generally adheres to the plan outlined in the Proposed Rule, which was modeled on the existing 8(a) mentor-protégé program. The Final Rule also contains changes in other areas of SBA’s regulations, such as the rules applying to the 8(a) and HUBZone programs.

The Final Rule becomes effective on August 24, 2016. In order to help you understand how the final rule changes the existing regulations, we have prepared a chart of the major regulatory changes announced in the new rule. Click here if you would like to download this entire report with the chart.

Chart PM

While the Final Rule does not specify the date on which SBA will start accepting applications for the new small business mentor-protégé program, SBA officials have signaled that it will begin accepting applications on October 1, 2016.

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Breaking News: New Limitations on Subcontracting Final Rules

Originally posted by PilieroMazza on May 31, 2016

Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts, socioeconomic program set-aside contracts, and small business subcontracting. SBA issued this rule after considering all comments provided in the rulemaking and, while we are still reviewing the rule in more detail, we are pleased that the rule accounts for concerns raised during the rulemaking process and is not as onerous as the proposed rule. Here are some of the highlights from the final rule:

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