News & Analysis as of

Acquisitions Small Business

Maynard Nexsen

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

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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

PilieroMazza PLLC

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

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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

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

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

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The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Maynard Nexsen

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

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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

WilmerHale

State Taxation of Qualified Small Business Stock: Federal Tax Exclusion Not Always Replicated at State Level

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In the event of an M&A transaction, many stockholders plan to take advantage of the exclusion from federal taxable income of gain realized from the sale or exchange of “qualified small business stock” (QSB stock). Section...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

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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

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

Goodwin

New Federal M&A Broker Exemption is a Big Deal!

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On December 29, 2022, President Biden signed H.R.2617, codifying a federal exemption from SEC registration for small business M&A brokers as new Exchange Act Section 15(b)(13). Limitations exist, as does the requirement to...more

Bass, Berry & Sims PLC

Task Orders May Carry Implicit Size Recertification Requirements

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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

Fenwick & West LLP

[Webinar] The Small Business Innovation Research Program: Legal Overview for In-house Counsel - January 5th, 1:00 pm PT

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This CLE will help in-house counsel understand the key legal issues for managing risk with already awarded SBIR grants and contracts. Whether your company just won a Phase I SBIR contract with the DoD or if your company has...more

Ankura

Ankura CTIX FLASH Update - November 2022

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Two New Reports Published on the LODEINFO Malware Targeting Japanese Organizations - Kaspersky researchers have recently published two (2) reports on their observations of APT10, the Chinese Cicada hacking group abusing...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

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

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In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Poyner Spruill LLP

Potential Impacts on Financial Services Providers of New Biden “Promoting Competition” Order

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On July 9, 2021, President Joe Biden signed a sweeping document titled “Executive Order on Promoting Competition in the American Economy.” The President’s stated intentions are to implement a “whole-of-government effort”...more

PilieroMazza PLLC

Strategic Growth Paths of Top Small Business Government Contractors

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Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

PilieroMazza PLLC

CIO-SP4 Is Ready To Launch: Is Your Business Equipped to Compete?

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CIO-SP4 may be one of the most significant opportunities for both small and large government contractors, particularly those in the healthcare space. The Coalition is pleased to host Cy Alba and Meghan Leemon of...more

PilieroMazza PLLC

[Webinar] Strategic Growth Paths of Top Small Business Government Contractors - June 24th, 10:00 am - 11:00 am ET

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Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

Akin Gump Strauss Hauer & Feld LLP

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

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

Blank Rome LLP

Pivoting & Positioning Small Businesses for Dynamic (Full & Open) Growth

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Recently, I hosted the second session of Blank Rome’s new on-demand webinar series, “Strategically Speaking,” with featured guests Gilbert Dussek of Gunnison Consulting Group and Kevin Robbins of Blue Delta Capital Partners...more

PilieroMazza PLLC

Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

PilieroMazza PLLC

[Webinar] Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and...

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

Bass, Berry & Sims PLC

COFC: “Rule of Two” Must Be Analyzed Before “Any” Acquisition

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The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more

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