ARTICLE · 23 AUGUST 2023

SBA Extends Moratorium On Bona Fide Office Requirements For 8(a) Construction Contracts

Holland & Knight

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business Development Program.

United StatesGovernment, Public Sector

Robert Tompkins

Gregory H. Koger

Hillary J. Freund

Kelsey M. Hayes

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business Development Program. The moratorium will now remain in effect until Sept. 30, 2024.

Background

The Small Business Act requires that to the "maximum extent practicable" 8(a) construction projects "shall be awarded within the county or State where the work is to be performed." To implement this statutory requirement, SBA has adopted in its regulations requirements that 8(a) concerns maintain a "bona fide office" in the state where the construction work is to be performed or in a contiguous state.

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