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Focus on Regulation

Tag Archives: Small Business Administration

Small Business Runway Extension Act of 2018 Becomes Law: Increases Revenue Look-back Period to Five Years for Small Business Size Eligibility Determinations

On December 17, 2018, the Small Business Runway Extension Act of 2018 (“Act”) (H.R. 6330) was passed by President Trump into law. The new law amends the Small Business Act at 15 USC 632 to require that the size of a federal contractor for purposes of determining small business eligibility be measured based on the

VA and SBA Release Complementary Final Rules Updating their Veteran-Owned Small Business Regulations

On September 24, 2018 and September 28, 2018, the Department of Veterans Affairs (VA) and the Small Business Administration (SBA), respectively, released complementary final rules (VA final rule and SBA final rule) that amend the regulations governing Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). Effective October 1, 2018, the SBA’s regulations now

SBA Update: Less Than 1% Minority Shareholder Interest Could Impact Eligibility for Small Business Contract Awards

The U.S. Small Business Administration (SBA) Office of Hearings & Appeals (OHA) recently held that an entity may be affiliated with another entity solely because it holds a very small minority ownership interest (less than 1%) in that entity. OHA’s ruling is noteworthy because under the SBA’s rules, the employees or revenue (depending on the

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