News & Analysis as of

Office of Hearings and Appeals (OHA)

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules. ...more

Recent SBA OHA Ruling Could Heat Up M&A Marketplace for Small Business Government Contractors

by Miles & Stockbridge P.C. on

Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more

SBA Amends Its Recertification Rules, Effectively Overturning Recent OHA Case

by PilieroMazza PLLC on

In a noteworthy decision earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and...more

OHA Confirms Competitors Cannot Protest 8(a) Sole Source Awards

by Davis Wright Tremaine LLP on

In a decision issued on April 3, 2018, the SBA Office of Hearings and Appeals (“OHA”) confirmed competitors do not have standing to file size protests relating to 8(a) sole source awards. In Size Appeal of GovSmart, Inc., SBA...more

OHA Clarifies Ostensible Subcontractor Rule

by Davis Wright Tremaine LLP on

At the end of last year, the Small Business Administration Office of Hearings and Appeals (“OHA”) issued a decision that further clarified the “ostensible subcontractor” rule. This rule may result in affiliation when a small...more

Impact of Recent OHA decision on Size and Status Recertifications - Set-Aside Alert

by PilieroMazza PLLC on

Published by Set-Aside Newsletter: The new year brought a ruling from the Small Business Administration's Office of Hearings and Appeals (OHA) clarifying the effect of SBA's recertification rules. These rules require...more

SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations

In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small...more

SBA’s Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications

by PilieroMazza PLLC on

In a recent case with wide-ranging implications, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and...more

SBA Proposed Rule Standardizes SDVO SBC Ownership & Control Standards

On January 29, 2018, the U.S. Small Business Administration (SBA) proposed to significantly amend its regulations to standardize and clarify the ownership and control standards required for qualifying as either a...more

The VA Proposes Placing Responsibility for Issuing Eligibility Regulations with SBA

by Holland & Knight LLP on

This is the first blog post by Holland & Knight’s newest government contracts attorney; Mitchell Bashur. Mitchell focuses his practice on government contracts and has extensive experience with protests, small and...more

SBA: Ostensible Subcontractor Rule In Play Even Between Two Small Firms

by Fox Rothschild LLP on

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small...more

SBA Proposes Rules for OHA to Consider CVE Appeals and Protests

by PilieroMazza PLLC on

In late October 2017, the period to comment on SBA’s proposed rule to amend the SBA Office of Hearings and Appeals (“OHA”) rules of practice to implement provisions of the National Defense Authorization Act for Fiscal Year...more

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The...more

SBA Size Update: Strategies For Contesting Affiliation Based On Economic Dependence

by Fox Rothschild LLP on

Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract. After losing battles at the Small Business Administration (SBA) Area Office and Office of...more

Size Protest Update: Can The SBA Rely On Tax Returns Filed After The Date Of Self-Certification?

by Fox Rothschild LLP on

The baseline rule for SBA size protests is that a business’s size (for a receipts-based size standard) is determined by looking at the average annual receipts for the last three completed fiscal years. But what if a...more

SBA Size Standards Under the Microscope

by PilieroMazza PLLC on

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its...more

Keep an Eye Out for Identity of Interest Affiliation

by PilieroMazza PLLC on

Anyone who does business with a small business government contractor will always want to be aware of any potential bases for affiliation that might arise. However, the so-called “identity of interest” affiliation, as...more

OHA Says Mentor-Protégé Affiliation Exemption Does NOT Excuse Program-Specific Requirements for SDVOSB Joint Ventures

by PilieroMazza PLLC on

SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s...more

OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures

by PilieroMazza PLLC on

Last month, the SBA Office of Hearing and Appeals (“OHA”) issued a decision which has clarified that, as in the past, for procurements conducted under simplified acquisition procedures, offerors who wish to qualify as a small...more

SBA Gradually Approves of Hiring Key Personnel from an Alleged Ostensible Subcontractor

by PilieroMazza PLLC on

The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible...more

FCA Cases and SBA Protests

by Davis Wright Tremaine LLP on

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

by Davis Wright Tremaine LLP on

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

by PilieroMazza PLLC on

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

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