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...

September 13, 2019

In the last month, both the Government Accountability Office (“GAO”) and the SBA Office of Hearings and Appeals (“SBA OHA”) have separately ruled that, for the purpose of calculating size under receipts-based size standards, contractors must continue to use a three-year averaging period, rather than a five-year averaging period, until the SBA concludes its rulemaking.

By way of background, on December 17, 2018, the president signed the Small Business Runway Extension Act, Public Law 115-324, whic...

August 27, 2019

Welcome news for many small businesses as the Small Business Administration (SBA) publishes its new size standards, effective as of August 19, 2019.

For example, NAICS 541519 now carries a $30.0M size standard and NAICS 541611 carries a $16.5M standard.

This change is consistent with SBA's interim final rule, which was published in July and adjusted SBA's monetary-based size standards for inflation. Interestingly, however, SBA's final rule notes that the new inflationary adjustments "are separat...

July 18, 2019

Today (7/18), the Small Business Administration ("SBA") issued an interim final rule with request for comments "adjusting the monetary-based industry size standards (i.e., receipts- and assets-based) for inflation that has occurred since the last adjustment in 2014."

This rule is effective on August 19, 2019, with comments due by September 16, 2019.

With the rule takes effect, SBA's size standards will increase as follows (in millions):

Current ––> Adjusted

$0.75 ––> $1.05

$5.5 ––> $6.0

$7.5 ––>...

June 24, 2019

ALERT M|E: Today (6/24), the U.S. Small Business Administration (SBA) published a proposed rule to modify its method for calculating average annual receipts used to prescribe its receipts-based size standards. The proposed rule changes the lookback period from a 3-year averaging period to a 5-year averaging period.

As many small business contractors are aware, on December 17, 2018, the president signed the Small Business Runway Extension Act, Public Law 115-324, which amended the Small Business...

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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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