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Small Business Administration (SBA)

Affiliation and Control Under SBA

May 12, 2021 By Andrew Howard and Jessica Sharron

The Paycheck Protection Loan program created by the CARES Act thrust the U.S. Small Business Administration’s complicated size standards into the spotlight for many companies that never before waded into those muddy waters.  None of SBA’s rules frustrated businesses that otherwise thought they were “small” more than the rule of “affiliation”, which requires concerns, when determining size, to include the size of other entities under common control.  A recent decision by the U.S. Court of Federal Claims is a timely reminder that the concept of “affiliation”, in the context of federal [...]Read more

Filed Under: Advice to Contractors & Grant Recipients Tagged With: Paycheck Protection Program (PPP), Small Business Administration (SBA), U.S. Court of Federal Claims

Jeremy Silverman and Mark Wade, Jr. Published in the National Law Journal on Key Issues for Federal Contractor M&A Transactions

November 27, 2018 By Alston Government Contracts Team

Alston & Bird partner Jeremy Silverman and associate Mark Wade, Jr. were published in the November 2018 edition of The National Law Journal. Their article, “Three Hot Topics for Federal Contractor M&A Transactions,” takes a look at certain key legal and business issues that are unique in M&A transactions involving federal government contractors. Readers interested in how small-business considerations, audit risk, and foreign ownership considerations play a role in GovCon M&A transactions would find the insight provided in the article to be particularly relevant. The article [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Mergers and Acquisitions Tagged With: Cybersecurity, federal contracting, mergers and acquisitions, Small Business Administration (SBA), U.S. Department of Defense (DOD)

DOJ Crackdown on False Certification for Small Business Set-aside Award

August 13, 2018 By Alston Government Contracts Team

As discussed in prior blog posts, the DOJ over the last few years has continued to crack down on small-business contracting fraud, including “pass through” and “sham” contracting schemes. This trend has continued, and the DOJ recently cracked down on a subcontractor’s false certification for a government small-business set-aside program. On May 3, 2018, the DOJ announced that MassTech Inc. (MTI) and its CEO and CFO agreed to pay the United States $1.9 million to resolve allegations that MTI falsely certified it was a small business concern in order to obtain a Small Business Innovation [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Small Business Administration (SBA), U.S. Department of Justice (DOJ)

DOJ Continues to Crack Down on SBA Fraud

May 25, 2017 By Jeffrey Belkin

On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent scheme to defraud the Small Business Administration’s (SBA) 8(a) program. Under this scheme, Cho would bid for set-aside contracts for small, disadvantaged businesses under the SBA 8(a) program. However, Cho’s companies would not perform this work. Instead, other large companies would perform this work and pay 3 percent of the proceeds to Cho’s companies. This is another [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: Fraud, Small Business Administration (SBA)

Women-Owned Small Businesses and Sole Source Contracts

February 11, 2016 By Jessica Sharron

President Obama’s administration has made it a priority to meet the Small Business Administration’s (SBA) prime and subcontracting goals, which include metrics relating to the percentage of government contracts awarded to small businesses, women-owned small businesses (WOSB), small disadvantaged businesses, service disabled veteran-owned small businesses, and historically underutilized business zones. Although in fiscal years 2013 and 2014 government agencies met or exceeded their prime contracting goals for small businesses in general, they did not achieve their goals for WOSBs. One way to [...]Read more

Filed Under: Advice to Contractors & Grant Recipients Tagged With: Federal Acquisition Regulations (FAR), National Aeronautics and Space Administration (NASA), National Defense Authorization Act, Regulatory Secretariat Division, Service-Disabled Veteran-Owned Small Business (SDVOSB), Small Business Administration (SBA), Sole Source Award, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA), Women-Owned Small Businesses (WOSB)

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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