SBA Proposal to Change 8(a) Program - Comments Due Thursday, January 28
On October 28, 2009, the U.S. Small Business Administration (SBA) is proposing changes to its 8(a) Business Development and Small Disadvantaged Business programs as well as its size regulations. There are several changes contemplated in SBA's proposal. Two deal with mentor/protégé situations. One amends requirements for joint ventures. One clarifies how a procurement should be classified. One provides further guidance for the nonmanufacturer rule. One relates to who may request a formal size determination. And, there are several changes to the regulations governing SBA's 8(a) Business Development and Small Disadvantaged Business programs. SBA requested comments on the various approaches for the proposed changes in the proposed rulemaking issued October 28, 2009. The proposed rule provided a 60-day comment period closing on December 28, 2009. SBA agreed to extend the comment for 30-days until January 28, 2010.
Analysis for SBCRR Subscribers
SBA deserves credit for its effort to dig into what works and what does not work in the 8(a) program and to solicit suggestions on how their tweaks to the program can maximize the benefit for small firms.
The complexities of small business preference programs are amplified by the daunting volume of laws, rules, judicial and administrative decisions, guidance, and interpretations that govern federal procurement. If you or your membership engage in federal procurement, it is worth looking at SBA's 31-page proposal and telling the agency where it helps and where it hurts small business.
Key Documents
About SBCRR
The Small Business Coalition for Regulatory Relief (SBCRR) is a coalition made up of small businesses and supporting organizations that are interested in federal regulatory developments. SBCRR provides coalition members with regular updates on regulatory proposals and opportunities for small business to provide input that can positively impact final agency decisions.
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Contact:
Tom Sullivan
202.545.2909
tom.sullivan@nelsonmullins.com
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.