OHA Ruling Shows Danger in Proposed SBA Rule

PM Legal Minute LogoBy Jon Williams, PilieroMazza

OHA Ruling Shows Danger in Proposed SBA Rule By Jon Williams As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses.   Less well known, however, is a provision included with the proposed mentor-protégé rules that would dramatically alter how applicants in non-designated groups qualify for the 8(a) Program. SBA is seeking to change the rules for establishing social disadvantage so the agency could reject a claim of social disadvantage if SBA believes the applicant has not sufficiently rebutted an alternate theory by SBA for the claimed discrimination.

In our comments to the proposed rule, we opposed this change because we believe it would unfairly increase the evidentiary burden for applicants. It will also create a slippery slope that will make it much easier for SBA reviewers to reject what an applicant has offered to show social disadvantage, even when the information is uncontroverted.

Read the full story here.

 

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PilieroMazza Weekly Report for December 5, 2014

pillieromazzalogoPlease Click Here for the Weekly Report (downloadable PDF).

In this week’s report:

GOVERNMENT CONTRACTS

  • DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Information on Corporate Contractor Performance and Integrity
  • NDIA Pathway to Transformation, Acquisition Reform Recommendations
  • DoD, GSA, and NASA Issue Federal Acquisition Circular 2005-78
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Incorporating Section K In Contracts
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Streamlining Claims Processing
  • DoD, GSA, and NASA Issue Final Rule to Amend FAR, Higher-Level Contract Quality Requirements
  • DoD, GSA, and NASA Issue Small Entity Compliance Guide
  • DoD, GSA, and NASA Issue Proposed Rule to Amend FAR, Inflation Adjustment of Acquisition Related Thresholds
  • Pentagon May Be Forced to Release Aircraft Manufacturer’s Contract Data

CAPITOL HILL

  • Federal IT Overhaul Included in Defense Bill, Headed for Vote

SMALL BUSINESS

  • SBA Issues Correction to Interim Final Rule Small Business Size Standards, Adoption of 2012 NAICS for Size Standards.