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SBA Information Notice Provides Guidance on SBA’s Interpretation of the Small Business Runway Extension Act of 2018

We recently  wrote  about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size standards, the size of a firm is to be measured based on its average annual gross receipts over the previous five years (extended from the previously used three-year period). Missing from the Runway Extension Act is any explicit directive as to when the new five-year calculation takes effect, . . . Read More

Comments Submitted in Response to SBA’s Proposed Rule on the HUBZone Program, RIN 3245-AG38

On December 27, 2018, PilieroMazza submitted comments to the U.S. Small Business Administration’s proposed rule regarding changes to the HUBZone Program. The proposed rule outlines a comprehensive overhaul to the program’s current eligibility and compliance requirements.

The Weekly Update for December 28, 2018

COMMENTS SUBMITTED IN RESPONSE TO THE SMALL BUSINESS ADMINISTRATION’S PROPOSED RULE ON THE HUBZONE PROGRAM, RIN 3245-AG38 On December 27, 2018, PilieroMazza submitted comments  to the U.S. Small Business Administration’s proposed rule regarding changes to the HUBZone Program. The proposed rule outlines a comprehensive overhaul to the program’s current eligibility and compliance requirements. GOVERNMENT CONTRACTING A Nextgov article  discussed the potentially significant impacts the government shutdown may have on government contractors, especially small businesses. The article recommended that contractors have preparations in . . . Read More

The Weekly Update for December 21, 2018

GOVERNMENT CONTRACTING According to a Bloomberg Government article, more than 30,000 federal contracting opportunities at twenty-eight (28) agencies are coming up for competition in the coming fiscal years. In a webinar, Bloomberg Government identified the top opportunities at nineteen (19) selected agencies, identified 27,751 opportunities at seventeen (17) civilian agencies, and identified 3,281 opportunities at eleven (11) defense agencies. Importantly, however, each agency reports acquisition forecast details differently; some agencies provide more details than others. President Trump signed the Small . . . Read More

OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision

Starting October 1, 2018, the U.S. Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) now has jurisdiction over all service-disabled veteran-owned small business (“SDVOSB”) status protests when the procuring agency is the U.S. Department of Veterans Affairs (“VA”). Previously, SDVOSB status protests on SDVOSB set-aside solicitations issued by VA were decided by VA. Now, OHA hears all SDVOSB status protests on VA procurements and has recently issued its first decision in an SDVOSB status protest in connection with . . . Read More

President Trump Signs Small Business Runway Extension Act of 2018 into Law

On December 17, 2018, President Trump signed the Small Business Runway Extension Act (H.R. 6330) into  law . As we discussed in our  previous blog , the Small Business Act previously measured a company’s size under the prescribed size standards on a basis of the company’s average annual receipts from the previous three years; the new law extends this time to the previous five years. The  change  was designed to reduce the impact of rapid-growth years and resulting spikes in revenue that could prematurely eject a . . . Read More

The Weekly Update for December 14, 2018

GOVERNMENT CONTRACTING A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management Office at NASA’s Wallops Flight Facility (WFF) pleaded guilty to receiving gratuities in exchange for official acts performed in his capacity as a government official as well as stealing funds from a government contract. As Chief of the Range and Mission Management Office, Mr. Kremer administered the Range Operations Contract (ROC)—a multi-year . . . Read More

Key Considerations for Government Contractors Facing a Government Shutdown

A government shutdown is looming once again. Congress has already passed five of the twelve FY 2019 funding bills, which fund 70% of the government through September 2019, through two vehicles.  H.R. 6157  includes funding for the Departments of Defense, Labor, Health and Human Services, Education, and related agencies.  H.R. 5895  provides funding for the Departments of Energy, the Interior (Bureau of Reclamation only), Veterans Affairs, and related and independent agencies, as well as the Army Corps of Engineers civil works projects, and the . . . Read More

Congress Passes New Receipts Calculation for Determining the Size of Small Businesses

On December 6, 2018, the Senate passed the  Small Business Runway Extension Act (HR 6330) , which amends the Small Business Act by changing the time period for determining a company’s size based on average annual receipts. Initially, the Small Business Act required a company’s compliance with the size standards to be prescribed on the basis of the company’s average annual receipts from the previous three years; the Small Business Runway Extension Act extends this time to the previous five years. The House passed the bill on . . . Read More

SBA Proposes Significant Changes to Its Small Business Regulations

On December 4, 2018, the U.S. Small Business Administration (“SBA”) issued a  proposed rule  (“Rule”) to implement several provisions of the National Defense Authorization Acts (“NDAA”) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. The Rule will likely garner a lot of attention in the coming weeks, as it proposes a number of sweeping amendments that could have a significant impact on small business government contracting. . . . Read More