Acquisitions, Office of Hearings and Appeals (OHA)

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Miles & Stockbridge P.C. on 1/4/2024

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

Task Orders May Carry Implicit Size Recertification Requirements

Bass, Berry & Sims PLC on 1/19/2023

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

OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing Contracts

PilieroMazza PLLC on 4/4/2022

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

You “CAN” Avoid Affiliation in Negotiating an Acquisition

Bass, Berry & Sims PLC on 10/30/2018

Conditioned Agreements to Negotiate (CAN) - When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more

Contractor Beware: SBA Expands Impact of Novation, Merger, or Acquisition on Size and Socio-Economic Status

Cohen Seglias Pallas Greenhall & Furman PC on 6/8/2018

Effective May 25, 2018, the Small Business Administration (“SBA”) amended its regulations regarding a contractor’s size and/or socio-economic status following a novation, merger, or acquisition. Specifically, through a...more

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

Miles & Stockbridge P.C. on 5/8/2018

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

OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures

PilieroMazza PLLC on 11/23/2015

Last month, the SBA Office of Hearing and Appeals (“OHA”) issued a decision which has clarified that, as in the past, for procurements conducted under simplified acquisition procedures, offerors who wish to qualify as a small...more

Acquisitions › Office of Hearings and Appeals (OHA)