News & Analysis as of

Set-Aside Contracts

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

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

Whiteford

Client Alert: SBA Final Rule Expected to Spur Increased Small Government Contractor M&A Activity In 2025

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On December 17, 2024, the U.S. Small Business Administration (“SBA”) issued a Final Rule (“Rule") that will dramatically change the landscape for the Merger and Acquisition (“M&A”) market for both large and small businesses....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

PilieroMazza PLLC

SBA Update: Final Rule Significantly Changes Effect of Size/Status Recertifications, Alters M&A Landscape for Government...

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As PilieroMazza outlined on December 17, 2024, the Small Business Administration (SBA) recently issued its highly-anticipated final rule (Rule) in response to its August 2024 proposed rule and the hundreds of public comments....more

Morrison & Foerster LLP - Government...

The Tortured Regulations Department: SBA’s New Rule And Its Effect On Investments

In a lengthy and complex effort, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024, that amended many requirements related to small business contracting. As with most rules, there are some...more

Wiley Rein LLP

SBA Proposes to Apply the Rule of Two to Multiple-Award Contract Orders

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WHAT: On October 25, 2024, the U.S. Small Business Administration (SBA) issued a proposed rule to revise sections of SBA’s regulations (13 C.F.R. Part 125) to apply the Rule of Two to multiple-award contract task and delivery...more

Benesch

Small Business, Big Wins: Small Businesses and Government Contracting

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So often in the fierce competition for growth, small businesses get frustrated with enterprise players’ ability to undercut pricing and leverage relationships within the private sector to the disadvantage of equally suitable...more

Holland & Knight LLP

SBA Proposed Rule Seeks to Expand "Rule of Two" to Multiple Award Contract Task Orders

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The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more

Wiley Rein LLP

Small Business Recertification: Key Issues Under SBA’s Recent Proposes Changes

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The U.S. Small Business Administration (SBA) recently issued a proposed rule that covers a variety of topics that will be of interest to small- and large-business government contractors, touching on requirements for the...more

Sheppard Mullin Richter & Hampton LLP

Keep Your Eyes on the Size: Small Business Size Protests

While most contractors think of the Government Accountability Office and Court of Federal Claims (or even the agency) when considering whether to challenge a government contract award, there are additional options for small...more

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

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

PilieroMazza PLLC

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

PilieroMazza PLLC on

The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Williams Mullen

Taking Steps to Apply for Small, Women-Owned, or Minority-Owned (SWaM) Certification in Virginia? Consider these Factors ...

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Obtaining SWaM certification in Virginia enables businesses to bid on local and state contracts that are set aside for small, women-owned, and minority-owned businesses. The Commonwealth of Virginia has committed to sourcing...more

Womble Bond Dickinson

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

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When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the...more

Holland & Knight LLP

SBA Is Upgrading Its Certification System: What Small Business Government Contractors Need to Know

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The U.S. Small Business Administration (SBA) on Aug. 1, 2024, is beginning a system upgrade to its certification portal that will impact the following socioeconomic set-aside program certification programs ...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Troutman Pepper Locke

The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

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On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out...more

Conyers

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

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On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...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

Bricker Graydon LLP

ODOD to Accept Applications for Funding Beginning October 31

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The Ohio Department of Development (ODOD) recently released further application details and information regarding its Building Demolition and Site Revitalization Program (the Program), which recently received renewed funding...more

Cozen O'Connor

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy

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Some significant (perhaps short-term) changes have rapidly come to the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) or the Program) following a U.S. Federal District Court for the...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: All Small Mentor-Protégé Program

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

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