Handyman Insurance, Legal Landscape Special Edition: SBA Rolls Out Major Small Business Changes
SBA Implements Significant Rules Changes to Federal Small Business Procurement Regulations
The Small Business Administration (“SBA”) recently rolled out some major changes to the federal small business procurement regulations. The first was a May 31, 2016 final rule, which finalized the agency’s earlier December 2015 proposed rule, and implemented numerous mandates by the National Defense Authorization Act (“NDAA”) of 2015. This rule, which went into effect June 30, 2016, made (among others) the following changes to the SBA regulations:
- Expansion of JV Exception to Affiliation Where Each Individual JV Partner is Small (13 C.F.R. § 121.103(h));
- Changes to Subcontracting Limitations and “Similarly Situated Entity” Rules (13 C.F.R. § 125.6);
- Clarification regarding what types of familial relationships will result in a rebuttable presumption of “identify of interest” affiliation pursuant to 13 C.F.R. § 121.103(f) (for more information see our previous blog);
- Addition of a rebuttable presumption of “identify of interest” affiliation pursuant to 13 C.F.R. § 121.103(f) based on 70% economic dependence between companies (for more information see our previous blog).
In addition to this rule, the SBA recently issued a “Statement Of General Policy” relating to the interaffiliate sales exclusion.