July 14, 2020

In May, we wrote about the U.S. Small Business Administration's ("SBA") long-awaited final rule amending its regulations for the Women-Owned Small Business Program (third-party certification). Notably, through that final rule, SBA also amended certain 8(a) Business Development Program ("8(a) Program") requirements, which take effect on July 15, 2020.

These additional changes harmonize the 8(a) Program and EDWOSB requirements that were the subject of scrutiny because of di...

May 18, 2020

On Friday, May 15, 2020, the U.S. Small Business Administration ("SBA"), in consultation with the U.S. Department of the Treasury, published its 11-page Paycheck Protection Program ("PPP") Loan Forgiveness Application and instructions (SBA Form 3508).

As SBA notes, the "documents released today will help small businesses seek forgiveness at the conclusion of the eight week covered period, which begins with the disbursement of their loans." In addition, SBA anticipates that it will soon release re...

May 15, 2020

On May 11, 2020, the U.S. Small Business Administration ("SBA") published its long-awaited final rule amending its regulations for the Procurement Program for Women-Owned Small Business Concerns (the "WOSB Program"). We previously discussed SBA's proposed rule here.

Specifically, the final rule implements a certification requirement for small businesses who want to compete for WOSB Program set-aside contracts, sole source contracts, and awards under multiple award contrac...

May 6, 2020

Recent U.S. Court of Federal Claims ("COFC") opinion provides a cautionary reminder to protesters: before challenging the size of a small business at COFC, protesters must first follow the procedures set forth in Small Business Administration's ("SBA") regulations.

In Harmonia Holdings Group, LLC v. United States, No. 19-1421C (Fed. Cl. Apr. 3, 2020), the protester challenged an award decision by the United States Census Bureau, Applications Development and Services Division's (the "Agency")...

March 19, 2020

In summer 2020, woman-owned small businesses ("WOSB") and economically disadvantaged woman-owned small businesses ("EDWOSB") will be required to obtain a third-party certification to be eligible for set-asides under the Small Business Administration's ("SBA") WOSB Contracting Program.

The SBA expects to publish a final rule that enacts the statutory requirement––from the 2015 National Defense Authorization Act––on June 30, 2020, and will be effective 30 days later.  Once the changes take eff...

December 5, 2019

Today, the U.S. Small Business Administration ("SBA") issued its final rule implementing the Small Business Runway Extension Act of 2018, Public Law 115-324, which was signed into law on December 17, 2018.  The final rule changes the lookback period from a three-year averaging period to a five-year averaging period for purposes of calculating the size of a small business under receipts-based size standards.

The final rule is effective on January 6...

November 26, 2019

Today, the U.S. Small Business Administration ("SBA") published its final rule amending the Historically Underutilized Business Zone ("HUBZone") Program regulations.  This is the first comprehensive regulatory amendment to the HUBZone Program in more than twenty years.  The amendments are designed to "reduce the regulatory burdens imposed on HUBZone small business concerns and government agencies, implement new statutory provisions, and eliminate ambiguities in the regulations."...

November 22, 2019

For many small businesses, forming a joint venture ("JV") can be a great way to compete for larger government contracts.  Indeed, combining technical capabilities or past performance can unlock revenue for JV members.  Yet, with all of the upside, there are some issues that can be particularly troublesome. 

As noted in an earlier post, one area that can be particularly thorny for small business JV's is facility security clearances.  But, the rosebush d...

November 21, 2019

As many small business government contractors know, forming a joint venture ("JV") can be a great way to compete for government contracts.  Indeed, combining technical capabilities or past performance can unlock revenue not otherwise available to each JV member individually.  Yet, with all of the upside, there are some issues that can hinder a JV's chances of success.  

One area that can be particularly thorny is facility security clearances ("FCL").  For exampl...

October 15, 2019

On Friday, October 11, 2019, the Small Business Administration Office of Inspector General ("SBA OIG") published its Report on the Most Serious Management and Performance Challenges Facing SBA in FY 2020.  While the Report focuses on significant issues, its objective is to enhance the effectiveness of SBA's programs and operations.

Relevant to many small business contractors, for example, the first problem area that SBA OIG identified covers three areas that are all too familiar: (1) Exclusi...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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