By Meghan F. Leemon of PilieroMazza
Originally published August 24, 2023
On August 21, 2023, Small Business Administration (SBA) Administrator Isabella Casillas Guzman announced the extension of the 8(a) Business Development Bona Fide Place of Business (BFPOB) Requirement Moratorium from September 30, 2023 to September 30, 2024. Construction contractors in the 8(a) Program should make note of the new date and prepare accordingly to ensure eligibility for future contracts. Visit this link for PilieroMazza’s previous coverage on this topic.
The BFPOB requirement provides that for 8(a) Business Development Program participants working on government construction projects, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. In response to the COVID-19 pandemic and remote work conditions, the moratorium was first set in place in August 2021 so 8(a) construction contractors could forgo the requirement of having an established physical presence in a particular location to be awarded a construction contract through the 8(a) Program. The moratorium was extended last year through September 30, 2023, but is now set to expire in 2024. Once the moratorium expires on September 30, 2024, the BFPOB requirement will again be implemented, and requests for a BFPOB determination must be submitted to the appropriate SBA district office at least 20 working days before initial contract offers are due.
Meghan F. Leemon is Counsel with PilieroMazza. She counsels government contractors and commercial businesses on a broad range of government contracting matters. Leemon advises companies on small business procurement matters, particularly on issues related to eligibility and participation in small business federal procurement programs, such as the SBA’s 8(a) BD, SDVOSB/VOSB, WOSB/EDWOSB, and HUBZone programs. She can be reached at mleemon@pilieromazza.com or 303.228.6990.