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Small Business Administration › Acquisitions

The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA... more +
The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -
Maynard Nexsen

SBA Proposes Rule That Will Change M&A Landscape for Small Business, Recertifications to Impact Award Eligibility

Maynard Nexsen on

The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is...more

PilieroMazza PLLC

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

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The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and...more

Allen Barron, Inc.

How Does the TCJA Sunset Affect Business Taxation Going Forward

Allen Barron, Inc. on

The 2017 Tax Cuts and Jobs Act or TCJA has a number of important segments presently scheduled to expire on December 31, 2025. How does the TCJA sunset affect business taxation going forward? What planning could be...more

PilieroMazza PLLC

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

PilieroMazza PLLC on

After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

Miles & Stockbridge P.C.

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Miles & Stockbridge P.C. on

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing. ...more

Maynard Nexsen

Biden-Harris Administration to Launch New Initiative to Increase Federal Contracting with Small Disadvantaged Businesses

Maynard Nexsen on

Late last month, the Biden administration launched the 8(a) MAS Pool Initiative. This initiative is a joint effort between the U.S. Small Business Administration (SBA) and the U.S. General Services Administration (GSA) to...more

Saiber LLC

Revisions to SBA Loan Rules Will Permit 7(a) SBA Loan Proceeds to be Used to Purchase Partial Changes in Business Ownership

Saiber LLC on

The Small Business Administration (SBA) is proposing revisions to its current lending rules with the potential to both expand access to business ownership for individuals and provide more flexible succession planning options...more

Sheppard Mullin Richter & Hampton LLP

Buying or Selling a Small Business Government Contractor? Draft the Letter of Intent Carefully to Avoid Immediate Affiliation

Sheppard Mullin Richter & Hampton LLP on

Buying a small business government contractor may not be as simple as a standard acquisition. This is particularly true if the small business wants to continue to qualify for federal small business set-aside and sole-source...more

Bass, Berry & Sims PLC

Task Orders May Carry Implicit Size Recertification Requirements

Bass, Berry & Sims PLC on

Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more

Fox Rothschild LLP

Small Business Compliance Due Diligence Leads to Reduced FCA Penalty

Fox Rothschild LLP on

Earlier this month, the Department of Justice (DOJ) announced a $5.2 million civil settlement agreement to resolve small business set-aside fraud allegations against an aerospace contractor. While the $5+ million...more

Morrison & Foerster LLP - Government...

Five Million Reasons For Government Contracts Lawyers To Assist With The Acquisition Of Companies That Perform Government...

Morrison & Foerster LLP - Government... on

Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that...more

Husch Blackwell LLP

Set Asides Will Now Apply to Overseas Procurements

Husch Blackwell LLP on

On April 26, 2022, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the FAR to include overseas contracts as part of agency small business contracting goals. This would allow...more

PilieroMazza PLLC

OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing Contracts

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For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

Goodwin on

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] What You Need to Know About the Paycheck Protection Program

Akin Gump Strauss Hauer & Feld LLP on

In this episode, Akin Gump government contracts partner Angela Styles discusses the origins, workings, track record and future of the Paycheck Protection Program (PPP). Among the topics covered: - Self-certification,...more

Lathrop GPM

Considerations for Businesses with Outstanding PPP Loans in M&A Transactions

Lathrop GPM on

On October 2, 2020, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice (5000-20057), titled “Paycheck Protection Program Loans and Changes of Ownership” (the “Notice”). The Notice sets forth the steps...more

Cooley LLP

Blog: Cooley’s 2020 Tech M&A Year in Review

Cooley LLP on

A Tale of Two Years - While we continue to absorb and understand the worldwide pandemic shockwaves of 2020, trying to encapsulate the vicissitudes of the past year in an annual recap is daunting. Early weeks of the...more

Farella Braun + Martel LLP

M&A Deals and PPP Loans: Unexpected Parties in Your Deal

Farella Braun + Martel LLP on

The Payroll Protection Program has been a lifesaver to many businesses this year, but its quick roll out, and many generous features (including potential forgiveness) could tempt a borrower to treat the PPP as something less...more

PilieroMazza PLLC

COFC Confirms Rule of Two Analysis Applies Before Agency Decides to Utilize a Multiple-Award Vehicle

PilieroMazza PLLC on

On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. The...more

Holland & Knight LLP

Significant U.S. Small Business Administration Regulatory Changes Take Effect November 16, 2020

Holland & Knight LLP on

The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more

Cole Schotz

SBA Clarifies Treatment Of PPP Loans In M&A Deals

Cole Schotz on

Earlier this month, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice Control No. 5000-20057 (the “Guidelines”), providing guidance with respect to M&A transactions involving entities with...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2020 #3

PilieroMazza PLLC on

BUSINESS & CORPORATE - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series - M&A transactions involving government contractors...more

Miller Canfield

Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

Miller Canfield on

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”)...more

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

Parker Poe Adams & Bernstein LLP on

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...more

Lathrop GPM

Updated Guidance Concerning PPP Loans and Changes of Ownership

Lathrop GPM on

How is Change in Ownership Defined? On October 2, 2020 the Small Business Administration published SBA Procedural Notice (5000-20057) (the “Notice”), which was effective on that date. The Notice outlines rules that apply...more

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