Consolidated changes to small business regulation and legal decisions

As a small business government contractor with multiple federal small business certifications (8(a), SDVOSB, and HUBZone), we have often found it a challenge over the years to locate the latest version of regulations and legal decisions that might impact how we do business. Certification timelines change, certification requirements change, mentor-protégé programs change, the GAO makes legal determinations, and the list goes on and on.

So, starting in about 2020, we began keeping a spreadsheet of the latest information and changes to have everything in one place for a quick reference.

An obvious example of a change might be that the SBA added an additional year of eligibility to all 8(a) firms due to the negative impacts of COVID.

A less obvious example of a change is 13 CFR 125.2(g), which requires that contracting staff consider the capabilities, past performance, and experience of each first-tier subcontractor in a proposal submitted by a small business. The rule only applies to the offer of a “small business prime.” Large business primes cannot avail themselves of the new rule. The rule covers a “team of small business subcontractors.” SBA’s commentary on the final rule did not go further into this issue, but the intent seems to apply only to small business subcontractors, not large business subcontractors. Also, the subcontractor or subcontractors must be identified in the proposal. The new regulation took effect on November 16, 2020. This spreadsheet will be updated as regulations and requirements change, so check back for the latest version.

View our updated spreadsheet here.

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