Joseph P. Hornyak

Joseph P. Hornyak

Holland & Knight LLP

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Latest Publications


D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

9/27/2016 - 8(a) Program Appeals Business Development Department of Defense (DOD) DFARS Equal Protection Federal Acquisition Regulations (FAR) Federal Contractors Prejudice Public Procurement Policies Race Discrimination SBA Small Business Veterans

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

8/26/2016 - 8(a) Program Business Development Federal Acquisition Regulations (FAR) Federal Contractors Final Rules HUBZone JOBS Act Joint Venture Mentor-Protege Program NAICS NDAA SBA SDVO Set-Aside Contracts Small Business WOSB

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

7/25/2016 - 8(a) Program False Claims Act (FCA) Federal Contractors Misrepresentation SBA Set-Asides Small Business Small Business Jobs Act

SBA Final Rule Adopts Changes to Subcontracting Limitations and Other Regulations

The U.S. Small Business Administration (SBA) has issued a long-awaited final rule to implement certain small business-related provisions of the National Defense Authorization Act of 2013 (NDAA), including key changes in the...more

6/2/2016 - Federal Acquisition Regulations (FAR) Final Rules HUBZone Independent Contractors IRS NAICS NDAA SBA Subcontractors Supply Contracts

SBA Issues Final Rule on ITVAR “Footnote 18” Exception

On January 26, 2016, the Small Business Administration (SBA) published in the Federal Register a final rule modifying the employee-based size standards for 36 industries and sub-industries that are not part of North American...more

2/4/2016 - Final Rules NAICS NDAA SBA Small Business

SBA Proposes Changes to Limitations on Subcontracting and Other Rules

On Dec. 29, 2014, the Small Business Administration (SBA) issued a long-awaited rule to implement certain provisions of the National Defense Authorization Act of 2013 (NDAA). A summary of the NDAA's small business provisions...more

1/26/2015 - Federal Contractors Final Rules NDAA SBA Small Business Subcontractors Subcontracts

Congress Authorizes GAO to Charge Bid Protest Filing Fees

Most procurement officials would likely agree with Secretary Gansler's frustration at the ease with which unsuccessful bidders can initiate bid protests and thereby hold up important procurements. But his reference to "the...more


National Defense Authorization Act of 2013 Includes Significant Small Business-Related Provisions

The National Defense Authorization Act of 2013 (“NDAA”), which the President signed into law on January 3, 2013, includes significant reforms to the rules for contracting with small businesses....more

2/4/2013 - Mentor-Protege Program NDAA Safe Harbors SBA Small Business Subcontractors Surety & Fidelity Women-Owned Businesses

Federal Court Declares 8(a) Program Unconstitutional as Applied to Military Simulation and Training Contracts

A federal court has ruled that the section 8(a) of the Small Business Act (SBA) – the statutory basis for the so-called “8(a) program” administered by the U.S. Small Business Administration (“SBA”) – is generally...more

8/20/2012 - DBE Program Department of Defense (DOD) Due Process Equal Protection Minority-Owned Businesses SBA

Small Business Administration Proposes to Expand Recertification Requirement in Mergers and Acquisitions

On May 16, 2012, the U.S. Small Business Administration (SBA) issued a lengthy set of proposed regulations implementing various sections of the Small Business Jobs Act of 2010....more

7/10/2012 - Contractors Federal Acquisition Regulations (FAR) Recertification SBA Small Business Jobs Act

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