News & Analysis as of

SDVOSB Office of Hearings and Appeals (OHA)

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

Venable LLP

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

Venable LLP on

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

Husch Blackwell LLP

SBA OHA Reverses Course And Finds Company Met SDVOSB Requirements

Husch Blackwell LLP on

In an unusual turn of events, the SBA Office of Hearings and Appeals (OHA) recently reversed course and granted a Petition for Reconsideration in a case involving a challenge to the Service-Disabled Veteran-Owned Small...more

Holland & Knight LLP

February 2020 Small Business Roundup

Holland & Knight LLP on

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

Obermayer Rebmann Maxwell & Hippel LLP

When is Timely Untimely? Recent OHA Decision Highlights the Distinction Between Filing Deadline for Bid Protests and Filing...

If you are a government contractor, chances are that you have been involved in – or at least are familiar with – bid protests. If you are a small business, it’s likely that you are also familiar with size or status protests,...more

Obermayer Rebmann Maxwell & Hippel LLP

A Reminder Regarding the Importance of Unconditional Control, and Potential Eligibility Issues Relating to the Revised SDVOSB...

The recent decision in CVE Appeal of Valor Construction, Inc, SBA No CVE-121-A (June 3, 2019) provides a useful reminder to contractors regarding the difference between unconditional ownership and unconditional control, and...more

Miles & Stockbridge P.C.

A Gap in the Law: Uncertainty in How Small Business Joint Ventures Must be Managed

U.S. Small Business Administration (“SBA”) regulations require that mentor-protégé and socioeconomic joint ventures designate the protégé or socioeconomic member as the “managing venturer” of the joint venture. However, the...more

Fox Rothschild LLP

SDVOSB Protests: The Playbook For Proving Ownership And Control

Fox Rothschild LLP on

The essential elements of the government’s Service-Disabled Veteran-Owned Small Business (SDVOSB) program are ownership and control of the business by a qualifying service-disabled veteran of the U.S. military. A recent...more

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

OHA Explains Which SDVOSB Eligibility Rules Apply in Its First VA SDVOSB Protest Decision

PilieroMazza PLLC on

Starting October 1, 2018, the U.S. Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) now has jurisdiction over all service-disabled veteran-owned small business (“SDVOSB”) status protests when the...more

Bradley Arant Boult Cummings LLP

SBA OHA Issues Its First Ever CVE Protest Decision

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) recently issued what appears to be its first ever decision on a bid protest challenging a company’s eligibility for participation in the Department...more

Holland & Knight LLP

OHA Clarifies Negative Control Restrictions – But Do The New SDVOSB Regulations Limit Its Impact?

Holland & Knight LLP on

Between new regulations from the Small Business Administration (SBA) and decisions from the SBA's Office of Hearings and Appeals (OHA), the limits of acceptable actions by small business owners set on maintaining their small...more

PilieroMazza PLLC

OHA to Decide VA SDVOSB Status Protests Starting This Week

PilieroMazza PLLC on

Starting on October 1st, SBA began hearing protests challenging an apparent awardee’s eligibility for inclusion in the VA Center for Verification and Evaluation (“CVE”) database and, in turn, its eligibility for a VA SDVOSB...more

PilieroMazza PLLC

OHA Reaffirms the Relevancy of the Date of Self-Certification

PilieroMazza PLLC on

In the Matter of ASIRTek Federal Services, LLC, SBA No. VET-269 (2018), SBA found that the apparent awardee of a contract set aside for service-disabled veteran-owned small businesses (“SDVOSB”) was ineligible as an offeror...more

Morrison & Foerster LLP - Government...

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

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

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

PilieroMazza PLLC

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

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

PilieroMazza PLLC

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

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

Pillsbury Winthrop Shaw Pittman LLP

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

Holland & Knight LLP

The VA Proposes Placing Responsibility for Issuing Eligibility Regulations with SBA

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

PilieroMazza PLLC

SBA Proposes Rules for OHA to Consider CVE Appeals and Protests

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

PilieroMazza PLLC

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

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

PilieroMazza PLLC

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

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

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide