On October 28, 2009 the U.S. Small Business Administration published the most wide-ranging proposed changes in 18 years to its small business size and 8(a) Business Development Program regulations.

How will your business be affected?  Should you make changes to your business strategies?

More recently, on March 2, 2010, the U.S. Court of Federal Claims released a decision that could have a profound negative effect on 8(a) contractors.  We are following this issue; an update is scheduled for presentation at the Association's Summer Conference in June.

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FAR Council, August 31, 2011, considers justifying sole-source awards.

Government Executive, August 16, 2010, U.S. Court of Federal Claims has ruled that companies operating in Historically Underutilized Business Zones must have top priority
Government Executive, July 14, 2010, Defense mandates disclosure of contract bundling.

What Patton Boggs Says, July 9, 2010, Contractor Alert! New Interim FAR rule requires disclosure of Executive Compensation and Subcontract Awards.

U.S. Department of the Interior announcement, April 16, 2010, Assistant Secretary - Indian Affairs Larry Echo Hawk has announced and scheduled tribal consultations with the federally recognized tribes on draft regulations to implement the Buy Indian Act, which provides authority to set aside procurement contracts for qualified Indian-owned businesses.

What Patton Boggs says, April 14, 2010, Contractor Alert!  Freedom of Information Act, a road map for contractors, including a "how to" for the protection of confidential data in view of a recent Federal Appellate Court decision.

SBA Notice to Field re: Mission Critical Solutions v. the United States, March 16, 2010, Summary of potential impact of the decision, support for legislative action, and the message that SBA will communicate to federal contracting officers in the interim.

NACA view re: Mission Critical Solutions v. the United States, March 5, 2010, The Native American Contractors Association's analysis and recommendation.

Just the facts: United States Court of Federal Claims opinion, released March 2, 2010, (Mission Critical Solutions v. the United States)  The Court ruled that the HUBZone program takes priority over other contracting programs.  If not reversed on appeal, or if new legislation is not signed into law, potentially SBA's 8(a) program is severely disadvantaged.

PilieroMazza's comments being submitted to SBA on Jan. 28, 2010,  The Small Business Administration has held numerous hearings in recent months, inviting comment from all sectors of the 8(a) community on the sweeping rules changes they have proposed, many of which will affect 8(a)s.    The attachment is a letter in draft form from the Washington, DC firm of PilieroMazza, Attorneys at Law, with focus on the interests of 8(a) firms that are not Native-owned.

Birch, Horton, Bittner and Cherot advises of SBA's scheduling of final testimony from ANCs, Tribes, on Jan. 27, 2010,   Released Saturday evening, Jan. 24.  The Small Business Administration has committed to holding an additional Tribal Consultation in Anchorage on their proposed regulations, scheduled for Wednesday, Jan. 27, starting at 9:00 am AST/ 1:00 pm EST. 

PilieroMazza's Breakfast Seminar Series, Jan. 21, 2010, An In-Depth Discussion of SBA's Proposed Rules and What They Mean to Federal Contractors (Washington, DC and via teleconference)

What Patton Boggs says, Dec. 31, 2009, Contractor Alert!  Recap of the SBA's tribal consultation in Seattle on Dec. 14; predictions, advice and registration information for Albuquerque on Jan. 14.  The preregistration deadline is Jan. 8, 2010 at 5 p.m. EST.

Just the facts: Federal Register, Dec. 9, 2009, SBA extends comment period for the rules changes proposed on Oct. 28, 2009 for one month – to Jan. 28, 2010.

What Patton Boggs says, Dec. 8, 2009, Contractor Alert!  Update on SBA's tribal and other public meetings, schedule, and comment.

Just the facts: Federal Register, Dec. 7, 2009, SBA's proposed rule changes; tribal consultation meetings scheduled through Jan. 14.

Sen. Lisa Murkowski's letter of Nov. 19, 2009 to SBA Administrator Karen Mills

Opinion/comment: The Government Contractor, Nov. 11, 2009, feature comment by Bob Tompkins, partner, Patton Boggs, LLP, Washington, D.C.

PilieroMazza Client Alert, Oct. 28, 2009, released by the partners of PilieroMazza, PLLC, Washington, D.C. details – in plain English, and in table form – how the rules are written now, an explanation of each of the proposed changes, and what the firm thinks that means for you.

Just the facts: Federal Register, Oct. 28, 2009, Small Business Administration 13 CFR Parts 121 and 124, Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations