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Tag Archives: small business

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by submitting claims for payment under fraudulently obtained small business set-aside contracts.

SBA May Allow Prime Contractors to Receive Credit for Small Business Subcontracts, To Impose Subcontractor Monitoring Requirements

Ogechi Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On October 6, 2015, the Small Business Administration (SBA) released a Proposed Rule [1]/ that allows prime contractors to count lower-tier subcontracts at all levels toward their small business subcontracting goals. While this would be a welcome change for many prime contractors,

SBA Releases Proposed Rule Implementing Substantial Changes to the Limitations on Subcontracting Restriction

Ogechi C. Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On December 29, 2014, the Small Business Administration (SBA) released a proposed rule implementing the National Defense Authorization Act (NDAA) of 2013, which reforms numerous aspects of the SBA regulations, including the limitations on subcontracting rule, affiliation principles, and the

SBA Finds 8(a) Small Business Affiliated with SBA-Approved Mentor Due to a Deficient Joint Venture Agreement

Ogechi Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. In a recent decision, Kisan-Pike, A Joint Venture, SBA No. SIZ-5618 (Nov. 24, 2014), the Small Business Administration (“SBA”) deemed that an 8(a) Business Development protégé was affiliated with its SBA-approved mentor, a large company, as a result of a deficient

DOD, NASA, and GSA Release Proposed Rule Affecting Contracts Under SBA’s 8(a) Program

On Monday, February 3, 2014, DOD, NASA and GSA released a rule proposing several substantive changes to the Federal Acquisition Regulation (FAR) provisions governing the Small Business Administration’s (SBA) 8(a) Business Development program.  See 77 Fed. Reg. 6,135.  The 8(a) Business Development program assists small, disadvantaged companies break into the marketplace by setting aside small

Recent Amendments to SBIR and STTR Policy Directives Impact Calculation of Benchmark Rates

The Small Business Administration (SBA) recently amended provisions of the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Policy Directives in response to comments that the SBA received in response to the final Policy Directives, published on August 6, 2012 (77 Fed. Reg. 46,806-46,908).  The Policy Directives provide guidance to Federal agencies

Hogan Lovells Attorneys Todd Overman and Marta Thompson Author Feature Article on Recertification of Size Status

On December 10, 2013, Law360 published a feature article authored by Todd Overman, Partner, and Marta Thompson, Associate, of Hogan Lovells’ Government Contracts Practice in our Washington, D.C. office.  The article, titled “A Call for Clarification of SBA, FAR Recertification Rules,” focuses on the confusion current SBA and FAR regulations, as well as recent changes, create

SBA Issues Final Rule Amending Set-Aside Procedures and Recertification Requirements

Marta Anne Thompson, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On October 2, 2013, the Small Business Administration (SBA) issued a final rule amending the regulations that govern small business set-asides (full, partial and reserves) under Multiple Award Contracts (MAC), including procedures for setting aside task and delivery orders.   The

SBA Places New Small Business Subcontracting Plan Compliance Requirements on Prime Contractors

Marta Anne Thompson, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On July 16, 2013, the U.S. Small Business Administration (SBA) released a final rule amending the small business subcontracting rules that apply to prime contractors.  The rule, which implements provisions of the Small Business Jobs Act of 2010, imposes three

SBA Publishes Final Rule Implementing New Size Representation Requirements and Penalties for Small Business Size Misrepresentations

Marta Anne Thompson, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On June 28, 2013, the Small Business Administration (SBA) released a final rule amending the SBA program regulations regarding the requirements for representing small business size and eligibility status, and the penalties that can be imposed on a concern that

SBA Removes Award Caps from Women Owned Small Business Set Asides

On May 7, 2013, the Small Business Administration issued an interim final rule that removed limits on the dollar value of awards that may be set aside for Women Owned Small Businesses (WOSB) and Economically Disadvantaged Women Owned Small Businesses (EDWOSB). See 78 Fed. Reg. 26504 (May 7, 2013).  Previously, for a contract to be

When Is Small Business “Size” Determined?

Many small business government contractors do business with the Federal Government through Federal Supply Schedule contracts or other types of long-term task or delivery order contracts.  Federal agencies often will conduct task or delivery order competitions under these types of contracts that are restricted to small business contract holders.  The Court of Federal Claims recently

2013 National Defense Authorization Act to Impact Small Business Contractors

On December 18, 2012, the House and Senate released the Conference Report for the National Defense Authorization Act for Fiscal Year 2013 (“2013 NDAA”).  In addition to authorizing the Department of Defense budget and expenditures, the 2013 NDAA will clarify requirements that limit subcontracting under small business subcontracts, provide small businesses the opportunity to limit

Small Business Contractors See Large Opportunities But Face Increasing Risks of a Size Protest

In July 2012, the Small Business Administration (“SBA”) announced that small businesses were awarded $91.5 billion in federal contracts in fiscal year 2011, representing 21.7% of all prime contract dollars. Although various commentators have criticized the government for falling short of the statutory directive to award 23% of procurement dollars to small businesses, the $91.5

SBA Increasing Opportunities for Small Business Construction Contractors

This post was co-authored by Todd R. Overman and Brendan M. Lill.  Todd Overman is a Partner in Hogan Lovells’ Government Contracts Practice.  His practice focuses primarily on advising clients doing business with the federal government. In this regard, his practice includes a combination of transactional issues, litigation, and regulatory advice.  Todd can be contacted

Congressional Report Highlights Recent Legislative Efforts Affecting Small Business Contractors, Amid New Proposed Regulations

Highlighting the continuing attention that Congress is giving to small business programs,  the Congressional Research Service recently issued a report on “Federal Contracting and Subcontracting with Small Businesses: Issues in the 112th Congress” describing relevant actions taken by Members of the 112th Congress in this area.  According to legislative attorneys Kate M. Manuel and Erika