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Holland & Knight LLP

SBA's New Rule Clarifies Role of Minority Equity Holders in Small Businesses and 8(a) Concerns

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The U.S. Small Business Administration's (SBA) Final Rule, which takes effect on Jan. 16, 2025, makes a range of substantive changes to the regulatory regime for small business contractors. Holland & Knight previously...more

McDermott Will & Emery

SBA’s Final Size Standard Recertification Rule: What Private Equity Companies Need to Know

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We previously discussed the US Small Business Administration’s (SBA) proposed rule updating the regulations regarding government contractor size and small business program status recertification. The SBA has now issued the...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

PilieroMazza PLLC

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

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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

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

Holland & Knight LLP

15 Key Takeaways from the Final CMMC Program Rule Issued by DOD

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The U.S. Department of Defense (DOD) has long questioned whether contractors and their supply chains have been fully compliant with existing cybersecurity requirements aimed at protecting Controlled Unclassified Information...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

PilieroMazza PLLC

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

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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

PilieroMazza PLLC

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

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After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...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

Maynard Nexsen

Biden-Harris Administration to Launch New Initiative to Increase Federal Contracting with Small Disadvantaged Businesses

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Late last month, the Biden administration launched the 8(a) MAS Pool Initiative. This initiative is a joint effort between the U.S. Small Business Administration (SBA) and the U.S. General Services Administration (GSA) to...more

Sheppard Mullin Richter & Hampton LLP

Buying or Selling a Small Business Government Contractor? Draft the Letter of Intent Carefully to Avoid Immediate Affiliation

Buying a small business government contractor may not be as simple as a standard acquisition. This is particularly true if the small business wants to continue to qualify for federal small business set-aside and sole-source...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

Morrison & Foerster LLP - Government...

Five Million Reasons For Government Contracts Lawyers To Assist With The Acquisition Of Companies That Perform Government...

Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that...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

COFC Confirms Rule of Two Analysis Applies Before Agency Decides to Utilize a Multiple-Award Vehicle

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On November 30, 2020, the U.S. Court of Federal Claims (COFC) issued a decision that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions. The...more

Holland & Knight LLP

Significant U.S. Small Business Administration Regulatory Changes Take Effect November 16, 2020

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The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2020 #3

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GOVERNMENT CONTRACTS - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables - Our three-part series on government...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2020 #3

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ANNOUNCEMENT: PilieroMazza Forms "COVID-19 Client Response Team," March 18, 2020 - To address the concerns of our clients and resource partners during and long after the coronavirus pandemic, PilieroMazza created the...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

Weekly Update Newsletter - February 2020 #2

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Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more

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