News & Analysis as of

Multiple Award Contracts

Wiley Rein LLP

[Webinar] SBA’s New Size Recertification Rules for Multiple-Award Contracts - February 20th, 12:00 pm - 1:00 pm EST

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Join us for a webinar on the U.S. Small Business Administration’s (SBA) revised recertification rules and the potential impacts on your (or your investment target’s) multiple-award contracts....more

Venable LLP

SBA Final Rule Changes M&A Landscape for Multiple Award Contracts

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Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to...more

Morrison & Foerster LLP - Government...

Changes to SBA’s Mentor-Protégé and Joint Venture Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more

Holland & Knight LLP

The Storm Before the Calm: SBA Final Rule Delays Impact of Future Post-M&A Recertifications

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The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more

Whiteford

Client Alert: SBA Final Rule Expected to Spur Increased Small Government Contractor M&A Activity In 2025

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On December 17, 2024, the U.S. Small Business Administration (“SBA”) issued a Final Rule (“Rule") that will dramatically change the landscape for the Merger and Acquisition (“M&A”) market for both large and small businesses....more

Maynard Nexsen

SBA Publishes Major Rule Change: Heeding Input, the Administration Clarifies and Refines M&A-Related Rules to Ease Concerns

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In August, the Small Business Administration ("SBA") issued a proposed rule that included significant and sweeping changes to its regulations, including to its rules on joint ventures, mentor-protégé, HUBZones, and others....more

Pillsbury Winthrop Shaw Pittman LLP

Small Business Administration Final Rule Makes Significant Changes to Recertification Regulations and Various Government...

The final rule, which takes effect January 16, 2025, could significantly affect small and large businesses considering any merger and acquisition (M&A) activity—and timing will be critical. In a major change, contractors...more

Venable LLP

GSA Inspector General Announces Focus on Economic Price Adjustments and Trade Agreement Act Compliance

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On September 17, 2024, the Office of Inspector General (OIG) for the General Services Administration (GSA) released its Audit Plan for the 2025 fiscal year, which includes, among other activities, certain, and potentially...more

McGuireWoods LLP

SBA Proposed Rule Expands “Rule of Two” to Multiple-Award Contracts

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The U.S. Small Business Administration (SBA) issued a proposed rule on Oct. 24, 2024, expanding federal agencies’ ability to give preference to small businesses on task and delivery orders issued under multiple-award...more

McDermott Will & Emery

What Private Equity Companies Should Know About the SBA’s Proposed Size Standard Recertification Rule

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The US Small Business Administration (SBA) recently issued a proposed rule impacting the ability of small business government contractors to continue performance of set-aside awards following a merger or acquisition. The...more

PilieroMazza PLLC

SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe

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On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on...more

Wiley Rein LLP

SBA Proposes to Apply the Rule of Two to Multiple-Award Contract Orders

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WHAT: On October 25, 2024, the U.S. Small Business Administration (SBA) issued a proposed rule to revise sections of SBA’s regulations (13 C.F.R. Part 125) to apply the Rule of Two to multiple-award contract task and delivery...more

Morrison & Foerster LLP - Government...

SBA Proposes To Require The Rule Of Two For Most Task And Delivery Order Competitions

On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. ...more

Venable LLP

SBA Proposes Significant Changes to Size Recertification Rules

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The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications. ...more

Wiley Rein LLP

SBA Proposes Significant Changes to Multiple Programs and Policies

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WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes...more

Womble Bond Dickinson

SBA Announces It Is Considering Whether To Prohibit Mentor-Protégé Joint Ventures From Competing For Multiple Award Contracts

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On July 22, 2024, the Small Business Administration (SBA) posted an announcement, Tribal Consultation for HUBZone Program Updates and Clarifications and Potential Reforms Under Executive Order 14112, 89 Fed. Reg. 59010...more

Wiley Rein LLP

SBA Considers Restrictions on the Use of Mentor-Protégé Joint Ventures

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WHAT: The U.S. Small Business Administration (SBA) has requested comments on prospective policy changes concerning the use of joint ventures under the mentor-protégé program. Due to what SBA characterized as a “perception...more

Morrison & Foerster LLP - Government...

OMB Says Agencies “Should” Perform A Rule Of Two Analysis And Set Aside Requirements For Task Orders Under Multiple-Award...

The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the...more

Maynard Nexsen

White House Announces OMB Guidance to Increase Small Business Contracting Opportunities

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Last week, the White House announced that the Office of Management and Budget ("OMB") issued guidance to help small businesses in the federal contracting marketplace. With the guidance, as the announcement states, the...more

Womble Bond Dickinson

Recent Changes for Contractors to Consider - SBA Small Business Credit Rules, CMMC Updates, CTA Reporting, FLSA Overtime...

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Aerospace, defense, and security businesses are subject to a myriad of regulations and operational requirements that are constantly changing. These include things like SBA rules for credit for small businesses and...more

Schwabe, Williamson & Wyatt PC

Federal Government’s Response to Ultima’s Motion

On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Size Determinations and Multiple Award ‎Contracts

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

PilieroMazza PLLC

OHA Decision on Recertification May Impact Eligibility of Small Business Contractors Competing for Set-Aside Contracts

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Over the past few years, the Small Business Administration’s (SBA) recertification rules have been the subject of much debate, with some arguing that recertification impacts an offeror’s eligibility for award and for future...more

Holland & Knight LLP

Coming (Mostly) Soon: The $15 Per Hour Minimum Wage for Government Contractor Service Employees

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The U.S. Department of Labor (DOL) has issued the final rule implementing President Joe Biden's Executive Order, "Increasing the Minimum Wage for Federal Contractors," imposing a $15 minimum wage for a wide swath of...more

PilieroMazza PLLC

Roadmap to Joint Venture Agreements: Legal and Accounting Considerations

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Joint ventures (JVs) can be a powerful tool to improve a government contractor’s odds of winning federal contracts. With the SBA’s Mentor Protégé Program facilitating JVs and large multiple award contracts making many firms...more

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