The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional.
All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more
8/31/2023
/ 8(a) Program ,
Affirmative Action ,
Fifth Amendment ,
Injunctions ,
Interim Guidance ,
Minority-Owned Businesses ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Government Accountability Office (GAO) has created a potential trap regarding the beginning of the 10-day protest timeliness period when an offeror receives information from the contracting office outside of the...more
The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more
In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more
1/6/2023
/ China ,
Conflicts of Interest ,
Due Diligence ,
Foreign Entities ,
Iran ,
National Security ,
North Korea ,
Reporting Requirements ,
Russia ,
SBA ,
SBIRs ,
STTR ,
Venture Capital
The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
The Small Business Administration (SBA) is consolidating and making significant changes to the Veteran-Owned Small Business and the Service-Disabled Veteran-Owned Small Business programs, including the elimination of...more
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The effectiveness rate increased to 51 percent.
The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
The Small Business Administration’s proposed rule would adopt the latest NAICS revision issued by the Office of Management and Budget, creating 111 new industries by reclassifying, combining or splitting 156 existing...more
The Small Business Administration’s final rule requires a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of its programs.
The 24-month calculation applies to all...more
The proposed rule would increase the employee-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status.
The proposed...more
The final rules increase the receipts-based small business size standards for these industries, allowing many businesses to remain a small business for longer or regain their small business status.
The final rules increase...more
The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules.
DoD debriefings now must include a redacted version of the source selection decision document for all awards...more
A Court of Federal Claims decision holds that offerors do not have a duty to inform agency of changes to key personnel availability after submission of proposal.
- The decision departs from well-settled GAO precedent.
-...more
On November 16, 2021, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2021. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its...more
The Small Business Administration is proposing to use a 24-month average to calculate a business concern’s number of employees for eligibility purposes in all of SBA’s programs.
SBA proposes to use a 24-month average...more
Recent GAO protest decision provides a painful reminder that protests that run afoul of the “diligent pursuit” rule will be dismissed as untimely.
GAO’s Bid Protest Regulations contain strict rules for the timely...more
Rule based upon provisions contained in the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 authorizes many participants in the 8(a) Business Development program to...more
Effectiveness rate increases to 51 percent, the highest on record.
GAO’s effectiveness rate increased to 51 percent from 44 percent in FY 2019 and 2018.
GAO’s sustain rate increases to 15 percent from 13 percent in FY...more
The proposed rule would increase the receipts-based small business size standards for 70 service industries in five industrial sectors, allowing many businesses to qualify or re-qualify for small business set-aside...more
The proposed rule would increase the receipts-based small business size standards for 46 service industries, allowing many businesses to remain a small business for longer or regain their small business status.
Using a...more
Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue.
The government exceeded its 23 percent small...more
In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations.
The clock for purposes of obtaining an automatic stay and timeliness may start after the...more
The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations.
SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more