News & Analysis as of

Office of Hearings and Appeals (OHA) Federal Contractors

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

Bass, Berry & Sims PLC

OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

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In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more

Morrison & Foerster LLP - Government...

OHA Rules Company Remains Eligible For Award Of Small Business Set-Aside Schedule Orders Even After Acquisition By A Large...

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...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

Holland & Knight LLP

SBA Begins Review of Personal Social Disadvantage Narratives

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The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

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On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

PilieroMazza PLLC

Final Rule Implements New Process for Appealing HUBZone Status Protests

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Based on new rules that take effect on May 10, 2023, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) will now hear appeals from Historically Underutilized Business Zone (HUBZone) status...more

PilieroMazza PLLC

Forming a Joint Venture? SBA Stresses Importance of Complying with State Law

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As PilieroMazza previously highlighted, contractors wishing to pursue set-aside work through small business joint ventures (JVs) must comply with the Small Business Administration’s (SBA) JV regulations, which require certain...more

PilieroMazza PLLC

Why the Content of a Contractor’s Joint Venture Agreement Matters

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The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

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In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more

Morrison & Foerster LLP - Government...

Is Your Joint Venture Agreement Compliant With Current SBA Regulations And Current Case Law?

The Small Business Administration’s (SBA) popular shields from affiliation for all-small and mentor-protégé joint ventures are powerful tools for helping small businesses succeed in the federal procurement marketplace. These...more

Morrison & Foerster LLP - Government...

January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source

Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. ...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

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While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...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

Fox Rothschild LLP

SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense

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Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or has the ability to control – the small...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

Sheppard Mullin Richter & Hampton LLP

SBA OHA Says Small Business on Notice of Email in Junk Folder: Appeal Untimely

The Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) rejected a small business government contractor’s 8(a) participation determination appeal as untimely, notwithstanding the contractor’s claim...more

Schwabe, Williamson & Wyatt PC

SBA Doubles Down with Size Appeal

On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23,...more

Morrison & Foerster LLP - Government...

January 2022 Bid Protest Roundup

This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential...more

PilieroMazza PLLC

Office of Hearing and Appeals (OHA) Year-In-Review: Impactful Decisions from 2021

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Ruling on everything from affiliation to broken hyperlinks, the Small Business Administration’s Office of Hearings and Appeals (OHA) had a busy year. Day to day, OHA decides SBA program decision appeals, NAICS appeals, and...more

PilieroMazza PLLC

[Webinar] Office of Hearing and Appeals (OHA) Year-In-Review: Impactful Decisions from 2021 - February 17th, 2:00 pm - 3:00 pm ET

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Ruling on everything from affiliation to broken hyperlinks, the Small Business Administration’s Office of Hearings and Appeals (OHA) had a busy year. Day to day, OHA decides SBA program decision appeals, NAICS appeals, and...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

PilieroMazza PLLC

SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”

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As we recently highlighted, on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé...more

Stinson - Government Contracting Matters

OHA Decision Highlights the Perils of Mixing Business with Family

A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates....more

Holland & Knight LLP

February 2020 Small Business Roundup

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Veteran-Owned Business Priority - In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more

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