Wiley Rein LLP


Practices | SMALL BUSINESS

As the world’s largest purchaser of goods and services, the U.S. government provides great opportunities for small businesses.  The federal marketplace, however, is also heavily regulated.  Wiley Rein is well-positioned to assist businesses of all sizes with navigating the specialized rules that apply to U.S. government contracting, including issues related to the formation of small businesses, application to SBA small business programs, teaming agreements and joint ventures, affiliation issues, size challenges, and bid protests.  Our attorneys have extensive experience with issues arising under all Small Business Administration (SBA) programs, including the 8(a) Business Development, Small Disadvantaged Business (SDB), Veteran-Owned (VO), Service-Disabled Veteran-Owned (SDVO), Historically Underutilized Business Zone (HUBZone), Women-Owned (WO), and Small Business Subcontracting programs. 

Navigating the rules that apply to small businesses is also important to large government contractors that team with small businesses.  For example, prime contractors and subcontractors on contracts over certain dollar amounts must submit subcontracting plans setting forth specific percentage goals for different types of small businesses.  In addition, it is common for large businesses to team with small businesses under small business set-aside contracts.  Wiley Rein frequently counsels large business clients on the unique issues that can arise when teaming with, or acting as a subcontractor to, small businesses, including compliance with limitations on subcontracting (i.e., the “50 percent rule”), the nonmanufacturer rule, and the development of small business subcontracting plans. 

Following the passage of the Small Jobs Act of 2010, Pub. L. No. 111-240 (Jobs Act), and the SBA’s implementing regulations, agencies have placed increased emphasis on setting aside contracts of all types and sizes for small businesses.  See Alert – SBA Issues Final Rule Addressing Small Business Set-Asides in Connection with Multiple Award Contracts.  The Jobs Act also included several new reporting requirements for large businesses with small business subcontracting plans aimed at increasing subcontracts awarded to small business.  See Alert – SBA Final Rule Attempts to Prevent the Use of “Bait and Switch” Tactics with Small Business Subcontractors.  These developments have the potential to create new opportunities for many small companies, but can also create traps for contractors unfamiliar with the new requirements.  We can help you navigate this ever-changing small business environment.

Representative experience includes: