Close X
Attorney Spotlight

How did an interest in healthcare policy lead Robert Platt to a career in the law? Find out more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Six Things to Know Before Buying a Physician Practice spotlight

Dermatology, ophthalmology, radiology, urology…the list goes on. Yet, in any physician practice management transaction, there are six key considerations that apply and, if not carefully managed, can derail a transaction. Download the 6 Things to Know Before Buying a Physician Practice to keep your physician practice management transactions on track.

Click here to download the guide.

GovCon Blog: SBA Finalizes Safe Harbor Rule for Small Business Size Representations

Publications

February 18, 2015

The Small Business Administration (SBA) issued a final rule limiting liability from fraud penalties for firms and individuals who misrepresent their small business size status if they acted in good faith reliance upon a small business status advisory opinion ("Advisory Opinion") issued by Small Business Development Centers (SBDCs) or Procurement Technical Assistance Centers (PTACs). While not perfect, the final rule provides a process for businesses to receive some guidance from SBA prior to making size representations in connection with award of federal procurements. 

First, the rule establishes certain criteria that Advisory Opinions must meet. For instance, an Advisory Opinion must contain a written analysis explaining the reasoning underlying the determination that a concern meets or exceeds size standards and must contain a copy of an SBA Form 355. Additionally, Advisory Opinions must take into account the principles of affiliation. Furthermore, copies of evidence documenting compliance with size standards must be provided by the business and attached to the Advisory Opinion. Following public comments on the proposed rule, the SBA included in the final rule specific types of evidence a firm may provide including payroll records, time sheets and federal income tax returns. 

Public comments also prompted the SBA to incorporate an appeals type process for review of Advisory Opinions. First, the SBA concurred with public comments and amended its regulations to permit a business that receives a negative advisory opinion (i.e., an opinion concluding that it is not a small business) from an SBDC or PTAC to request that SBA conduct a formal size determination of it. Furthermore, if SBA rejects an Advisory Opinion it will initiate a formal size determination for each firm. Thus, in both situations, firms will be able to take advantage of the normal appeals procedures set forth in 13 C.F.R. 121.1101 if they receive a negative Advisory Opinion or if SBA rejects a positive Advisory Opinion.

Some commenters proposed that the Advisory Opinions also contain an expiration date for reliance. The SBA rejected this suggestion but did determine in the final rule that, consistent with formal size determinations, a firm is not justified in relying on a determination that it is small where it has experienced a material change in circumstances with regard to its average annual receipts or its number or employees. Other commenters requested that the final rule require SBDCs and PTACs to issue an Advisory Opinion within a certain time period of a business' request, but SBA did not act on this request at this time.

The final rule implements Section 1681 of the FY 2013 National Defense Authorization Act (Pub. L. No. 112-239) and is effective August 10, 2015.

Read more about government contracts on www.bassberrygovcon.com.


Related Professionals

Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.