The U.S. Small Business Administration (SBA) on June 27, 2025, announced a comprehensive, full-scale audit of its 8(a) Business Development Program (8(a) Program), marking a significant escalation in federal oversight of...more
7/2/2025
/ 8(a) Program ,
Audits ,
Bribery ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Contractors ,
Fraud ,
Government Investigations ,
Joint Venture ,
SBA ,
Small Business ,
Whistleblowers
The U.S. General Services Administration (GSA) announced a new initiative on March 24, 2025, that put its Multiple Award Schedule (MAS) contractors on notice that it is making "major changes" to "improve the effectiveness of...more
The U.S. Small Business Administration's (SBA) Final Rule, which takes effect on Jan. 16, 2025, makes a range of substantive changes to the regulatory regime for small business contractors. Holland & Knight previously...more
1/16/2025
/ 8(a) Program ,
Acquisitions ,
Business Ownership ,
Compliance ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Investors ,
Mergers ,
Minority Shareholders ,
SBA ,
SDVOSB ,
Small Business
The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more
1/14/2025
/ Acquisitions ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Government Agencies ,
Mergers ,
Multiple Award Contracts ,
Recertification ,
Regulatory Requirements ,
SBA ,
Set-Aside Contracts ,
Small Business
The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more
10/28/2024
/ COFC ,
Comment Period ,
Department of Defense (DOD) ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
GAO ,
MACs ,
Procurement Guidelines ,
Proposed Rules ,
Public Comment ,
SBA ,
Set-Aside Contracts ,
Small Business
The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more
9/25/2024
/ Acquisitions ,
Certification Requirements ,
Certifications ,
Comment Period ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Supply Schedule (FSS) ,
MACs ,
Mentor-Protege Program ,
Mergers ,
NPRM ,
Office of Hearings and Appeals (OHA) ,
Procurement Guidelines ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
SAM ,
SBA ,
Set-Aside Contracts ,
Small Business
The U.S. Small Business Administration (SBA) on Aug. 1, 2024, is beginning a system upgrade to its certification portal that will impact the following socioeconomic set-aside program certification programs ...more
7/1/2024
/ Certification Requirements ,
Corporate Counsel ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Mentor-Protege Program ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
VOSB ,
WOSB
The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more
The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more
The U.S. Small Business Administration (SBA) issued its final rule on April 27, 2023, implementing several changes to the ownership and control requirements for the 8(a) Business Development program. The final rule also...more
5/31/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
As we dive into the next decade of small business matters (hello 2020!), we wanted to briefly review the key small business regulatory changes that took place at the end of 2019. We also want to discuss a December 2019...more
2/3/2020
/ Administrative Appeals ,
Bid Protests ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
GAO ,
Joint Venture ,
Mentor-Protege Program ,
Mentors ,
Multiple Award Contracts ,
Office of Hearings and Appeals (OHA) ,
Proposed Rules ,
SBA ,
Small Business
The U.S. Government Accountability Office (GAO) ruled on Dec. 20, 2019, that the "Rule of Two" of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (VBA) does not require the U.S. General Services...more
1/14/2020
/ Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
GSAR ,
Leaseholds ,
Leases ,
Procurement Guidelines ,
Rule of Two ,
Small Business ,
Veterans ,
Veterans Administration
The U.S. Department of Defense (DoD), the U.S. General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA), (collectively, the Agencies) just issued a Proposed Rule that addresses...more
7/1/2019
/ Comment Period ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
Public Comment ,
SBA ,
Small Business ,
Subcontractors
The U.S. Small Business Administration (SBA) just issued its long-anticipated Proposed Rule implementing the Small Business Runway Extension Act (the Act). In our previous blog, we discussed the SBA's position that the Act...more
In Matter of 7Skyline, LLC, SBA No. BDPE-574 (2019), the U.S. Small Business Administration (SBA)'s Office of Hearings and Appeals (OHA) affirmed the SBA Area Office's denial of an 8(a) Business Development Program (the 8(a)...more
This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
This is the first blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on August 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
1/23/2019
/ Cooperative Agreements ,
Defense Sector ,
Department of Defense (DOD) ,
ESOP ,
Federal Contractors ,
Federal Pilot Programs ,
Federal Procurement Systems ,
Funding ,
GAO ,
Innovation ,
NDAA ,
Prompt Payment ,
Reauthorization ,
Research and Development ,
SBA ,
SBA Lending Programs ,
SBIRs ,
Small Business ,
STTR ,
Subcontractors
As we discussed in an earlier post, the U.S. government's partial shutdown impacts government contractors across the spectrum. What many contractors may not realize is that the shutdown has an additional impact on small...more
On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more
11/26/2018
/ Appeals ,
Arbitrary and Capricious ,
Article III ,
Declaratory Relief ,
Department of Veterans Affairs ,
Dismissals ,
Federal Contractors ,
Jurisdiction ,
Mootness ,
New Regulations ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
Between new regulations from the Small Business Administration (SBA) and decisions from the SBA's Office of Hearings and Appeals (OHA), the limits of acceptable actions by small business owners set on maintaining their small...more
10/26/2018
/ Appeals ,
Business Ownership ,
Federal Contractors ,
Joint Venture ,
Majority Shareholders ,
Minority Shareholders ,
Office of Hearings and Appeals (OHA) ,
Operating Agreements ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
Earlier this week, we covered the U.S. Department of Veterans Affairs's (VA) publication of a final rule amending its Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Guidelines....more
10/1/2018
/ 8(a) Program ,
Department of Veterans Affairs ,
Extraordinary Circumstances Exception ,
Federal Contractors ,
Final Rules ,
New Rules ,
Ownership Rules ,
Rebuttable Presumptions ,
SBA ,
SDVOSB ,
Small Business ,
Stock Ownership ,
Surviving Spouse ,
Veterans ,
VOSB
More than eight months after issuing its proposed rules, the U.S. Department of Veterans Affairs (VA) has finally issued the long awaited final rule amending its Veteran-Owned Small Business Guidelines. The final rule amends...more
9/25/2018
/ Amended Regulation ,
Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
NDAA ,
Ownership Rules ,
SBA ,
Small Business ,
Verification Requirements ,
Veterans ,
VOSB
The U.S. Department of Veterans Affairs (VA) recently issued several proposed rules and a final rule amending the VA Acquisition Regulation (VAAR) as part of a phased approach intended to streamline the VAAR to eliminate...more
9/19/2018
/ Bid Protests ,
Bid Solicitation ,
Construction Contracts ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Policies and Procedures ,
Procurement Guidelines ,
Proposed Rules ,
Service Contracts ,
Small Business ,
Subcontractors ,
Veterans