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SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe, PilieroMazza Client Alert, Isaias “Cy” Alba, IV, Meghan F. Leemon, Krissy Cralle
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on Multiple-Award Contracts” from earlier this year. The SBA hopes to increase small business participation on multiple award contracts (MAC) through the application of the Rule of Two to MAC task and delivery orders. However, by declining to follow the Court of Federal Claims’ (COFC) decision in Tolliver Group, the SBA created a process for procuring agencies to circumvent the Rule of Two and indeed produced the exact opposite results. Read more here.
U.S. Sen. Thom Tillis (R-NC) Press Release: Tillis to Lead Legislation to Replenish the SBA Disaster Loan Program Following Hurricanes Helene and Milton
On October 29, Sens. Thom Tillis announced that he and four Senators will introduce legislation to replenish the Small Business Administration’s Disaster Loan Program when Congress returns to session. The Restoring an Economic Lifeline with Immediate Emergency Funding (Relief) Act would appropriate $550 million to fund the SBA Disaster Loan Program Account, which would provide $2.475 billion in lending capacity projected to last until the end of 2024. Read more here. The Bill is available here.
NASA to Relaunch Mentor-Protégé Program, ExecutiveGov
The National Aeronautics and Space Administration (NASA) is set to relaunch its Mentor-Protégé Program for contractors on November 1 to boost the growth of commercial markets supporting the future of space exploration, scientific discovery and aeronautics research. Read more here.
DOD, SBA to Pour Over $2.8 Billion Into Small Businesses, Federal News Network
The Defense Department, in partnership with the Small Business Administration, has issued licensees to the first group of investors through the Small Business Investment Company Critical Technology initiative, which will pour more than $2.8 billion into innovative startups and small businesses developing technologies deemed vital to national security. The first 13 funds approved under the SBICCT initiative are now eligible to receive government-backed loans. Each fund can borrow up to $175 million. Read more here.
Upcoming Government Contract Presentations
SEMINAR: Legal MOSA (Modular Open System Approach) Considerations for Industry, November 12, 2024, Isaias “Cy” Alba, IV
TRAINING: SBA Regulatory Updates, November 12, 2024, Samuel S. Finnerty
CONFERENCE: The A-B-Cs of GovCon Greatness: Acing Federal Contracts with Your Power Trio, November 14, 2024, Meghan F. Leemon
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, November 21, 2024, Katherine B. Burrows, Eric A. Valle
BUSINESS & TRANSACTIONS / GOVERNMENT CONTRACTS
Corporate Transparency Act (CTA) FAQs, Thomson Reuters
On October 31, Thomson Reuters published ten frequently asked questions about the CTA to assist companies with the filing requirements and its implications for firms. Read more here.
Upcoming Construction Presentations
CONFERENCE: Building Bridges Between Stakeholders to Improve Project Outcomes, November 21, 2024, Lauren R. Brier
CONFERENCE: Building Confidence: Demystifying Payment and Performance Bonds, November 22, 2024, Jessica A. duHoffmann
Upcoming Labor & Employment Presentations
CONFERENCE: ABCs of the SCA: Critical Path Service Contract Act Training for Contractors, November 20, 2024, Nichole D. Atallah, Sarah L. Nash
Senate Proposal Would Grow Small Business Bankruptcy Eligibility, Bloomberg Law
An expansion of bankruptcy eligibility rules is moving toward a potential revival through a Senate proposal that would bring back a more lenient standard for Chapter 11 relief designed for small businesses. Read more here (subscription required).
House Oversight Leaders Ask GAO to Probe ‘Root Causes’ of Federal Improper Payments, Federal News Network
Top lawmakers on the House Oversight and Accountability Committee are calling on a government watchdog to take a closer look at how agencies are addressing the “root causes” and improper payments and fraud. GAO estimates the federal government saw $236 billion in improper payments in fiscal 2023. Read more here.
White House Issues AI Guidelines for National-Security Agencies, Government Executive
On October 25, President Joe Biden issued a new national security memorandum on artificial intelligence aimed at helping the U.S. government deploy AI and retain its advantage over China. The new memo requires agencies to monitor, assess, and mitigate AI risks related to invasions of privacy, bias, and other human rights abuses. Read more here.
DOJ Will Restrict Data Swapping With ‘Countries Of Concern,’ Law360
The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any “covered persons” or “country of concern.” Read more here (subscription required).