News & Analysis as of

Office of Hearings and Appeals (OHA) Recertification

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

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

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

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

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

PilieroMazza PLLC

Does SBA's New Recertification Rule Apply to My Contract? - Set-Aside Alert

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Published by Set-Aside Alert: The Small Business Administration's regulations require a concern to recertify its small business and/or socio-economic size status (1) within 30 days of an approved contract novation; (2) within...more

PilieroMazza PLLC

Does SBA's New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity

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The U.S. Small Business Administration’s (“SBA”) regulations require a concern to recertify its socio-economic (e.g., SDVO SBC, HUBZone, WOSB/EDWOSB) and/or small business size status (1) within 30 days of an approved...more

Miles & Stockbridge P.C.

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

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

PilieroMazza PLLC

SBA Amends Its Recertification Rules, Effectively Overturning Recent OHA Case

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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

PilieroMazza PLLC

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

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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

Morrison & Foerster LLP - Government...

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

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