News & Analysis as of

Recertification Mergers

Akerman LLP

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

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The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly...more

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

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

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

PilieroMazza PLLC

[Webinar] SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small...

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Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

Miles & Stockbridge P.C.

New SBA Rule Dramatically Alters Small Business Contracting

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The Small Business Administration published a gargantuan new rule Tuesday that will significantly change small business contracting for years to come....more

Bass, Berry & Sims PLC

SBA Seeks to Make Changes to Recertification Requirements for Multiple-Award Contracts

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On August 23, the U.S. Small Business Administration (SBA) issued a proposed rule that would make significant changes to SBA’s recertification requirements. Most notably, the rule would change when size and socioeconomic...more

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

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

Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a...

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M&A transactions involving government contractors are subject to a host of regulatory and industry-specific considerations. This blog series covers key concerns that can impact a deal. Parts 1 and 2 focus on common problems...more

PilieroMazza PLLC

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

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On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more

PilieroMazza PLLC

The SBA’s Two New Recertification Rules

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The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

PilieroMazza PLLC

Size Recertification Now Required for Pending Proposals After M&A - Set-Aside Alert

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Effective June 30, 2016, the SBA has implemented a final rule regarding the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. ...more

Morrison & Foerster LLP

SBA Rule Changes Benefit Contractors, But Pitfalls Remain

After much anticipation, the Small Business Administration has issued a final rule implementing numerous small business contracting reforms from the 2013 National Defense Authorization Act aimed at relaxing burdensome...more

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