The 2018 To 2019 Partial Government Shutdown's Impact On Small Businesses

Mitchell Bashur and Amy Fuentes are Associates in the Tysons office

Editors' Note: On Wednesday, Jan. 16, 2019, Holland & Knight's government contracts team is hosting a complimentary webinar about the partial government shutdown. The webinar will examine the current political situation, provide a contractor's action plan and discuss how employee-related issues should be resolved.

As we discussed in an earlier post, the U.S. government's partial shutdown impacts government contractors across the spectrum. What many contractors may not realize is that the shutdown has an additional impact on small businesses because the U.S. Small Business Administration (SBA) is among the many agencies that have been closed. This means that both the small business loan and government contracting functions of the SBA are affected by this shutdown.

In the face of the longest standing partial shutdown in history, here is what small business contractors need to know:

1. SBA's Small Business Loans cannot be distributed until the shutdown ends.

   The government shutdown has resulted in a halt to federally-guaranteed small business loans. While participating banks and borrowers can prepare the necessary documentation, the SBA cannot review and complete the application process. Thus, while the loan process may be started, the loans cannot be distributed until the shutdown ends.

2. Certify.SBA.gov is not currently functioning.

   The SBA cannot proceed with most of its small business contracting programs because the backbone of these programs is not available during the lapse of appropriations caused by the government shutdown.

   Certify.SBA.gov is used for a wide variety of the SBA contracting activities. This varies from submitting applications for certification for socioeconomic programs (such as the 8(a) and woman-owned programs), to maintaining certification in those programs, and to applications and maintenance of the SBA's All-Small Mentor-Protégé program.

   Small businesses will likely feel the impacts long after the shutdown ends, because the work stoppage will add to the backlog of an already overworked agency. By way of example, contractors applying or waiting for a socioeconomic certification or entrance to the Mentor-Protégé program may not receive the certification in time to compete for a solicitation that is proceeding because the agency issuing the solicitation is still operating.

   Certain actions do continue under Certify.SBA.gov. These are 8(a) offer letters...