HUBZone Help

HUBZone Set-Aside has Preference Over SDVOB and 8(a) Programs

Analysis of Court of Claims Decision Coming

On March 2, 2010 the Court of Federal Claims released a public copy of a decision it reached on February 26, 2010.  The decision ruled that the HUBZone set-aside in the Small Business Act is mandatory and takes precedence over both the 8(a) and SDVOB permissive set-asides included in the Act.  In so ruling, the court rejected the positions taken by OMB, SBA, and the Department of Justice that there was parity among these three set-asides.  The decision has wider implications than just giving the HUBZone program an advantage.  How does it affect the new VA SDVOB set-aside program?  In rejecting some of SBA's regulations does this decision have a potential impact on other agency regulation, specifically the SBA and VA regulations.  I will be issuing an article on my view of these issues soon and sending it to you.  If you have questions on the decision you can send them to me at info@powerlawoffice.com and I will try to include answers to these questions.  Forward this message to anyone you think will be interested in this issue.   

Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Protest and Appeal Regulations

The U.S. Small Business Administration (SBA or Agency) proposes to amend its regulations to clarify the effect, across all small business programs, of initial and appeal eligibility decisions on the procurement in question; increase the amount of time that SBA has to render formal size determinations; require that SBA's Office of Hearings and Appeals (OHA) issue a size appeal decision within 60 calendar days of the close of the record, if possible; increase the amount of time that SBA has to file North American Industry Classification System (NAICS) code appeals; alter the NAICS code appeal procedures to comply with a Federal Court decision; clarify that contracting officers must reflect final agency eligibility decisions in federal procurement databases and goaling statistics; clarify how a contracting officer assigns a NAICS code and size standard to a multiple award procurement; and make other changes to size status protest and appeal rules. See entire article and proposed regulations at govpulse