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This alert is a follow-on to our prior coverage of the SBA’s December 2025 data call, suspensions of over 1,000 firms, and DoD’s review of high-value set-asides:
- SBA Client Alert: All 8(a) Firms Must Submit Detailed Financial Records by January 5, 2026
- 8(a) Client Alert: Secretary Hegseth Directs Line-by-Line Review of All Small Business Sole-Source and Set-Aside Awards Over $20 Million
The SBA has escalated enforcement by initiating termination proceedings against over 150 8(a) participants, marking the first wave of full program removals following the December 2025 ...
In August, the Small Business Administration ("SBA") issued a proposed rule that included significant and sweeping changes to its regulations, including to its rules on joint ventures, mentor-protégé, HUBZones, and others. Notably, with regard to mergers and acquisitions ("M&A"), SBA proposed to amend its negative control affiliation and recertification rules (discussed here and here). As noted in those articles, SBA's revised M&A provisions (as written) would likely stifle investment and hinder growth opportunities for small business.
On December 17, 2024, SBA ...
On Friday (10/25/24), the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small businesses, particularly as the rule of two has been subject to competing interpretations in protest tribunals. Comments on the proposed rule must be received on or before December 24, 2024.
Generally, the small business "rule of two" requires agencies to set aside contracts for small business where the agency expects at least two small ...
The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations.
The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in a two-year period. The proposed rule eliminates the cap on contract awards, but continues the two year limitation period. Within that period, a joint venture may receive unlimited awards and still comply with SBA rules.
Member Substitution: A joint venture qualifies as a small business as long as each member qualifies individually. Joint ...
President Trump signed into law the Small Business Runway Extension Act of 2018 on December 17th, 2018. The Act modified how the SBA calculates a business’ size for revenue-based size standards. The Act also increased the period of time used in the calculation of a firm’s receipts from three years to five.
Regulations implementing the Act go into effect on January 6th, 2020. However, the final rule permits contractors to elect to use either the three-year or five-year period of measurement for certifications submitted on or before January 6th, 2022. The election period is ...