Office of Hearing and Appeals (OHA) Year-In-Review: Impactful Decisions from 2021
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more
With the onset of the COVID-19 pandemic, Congress initiated several programs to help businesses weather the difficult economic conditions. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided two of these...more
Last year, we published an article titled “What to Do if Your PPP Forgiveness Application Is Denied.” Today, we share some insights into the Paycheck Protection Program (PPP) and appeals process based on our representation of...more
The Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) rejected a small business government contractor’s 8(a) participation determination appeal as untimely, notwithstanding the contractor’s claim...more
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness Decisions (“2022 Notice”)...more
The Small Business Administration’s (SBA) public data indicates that more than 98% of the total Paycheck Protection Program (PPP) loan value requested to be forgiven by borrowers has been forgiven by the SBA (approximately...more
In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the...more
The Small Business Administration Office of Hearings and Appeals (SBA OHA) has begun accepting appeals of certain SBA loan review decisions under the Paycheck Protection Program (PPP), pursuant to an SBA interim final rule on...more
As we previously reported, when the Small Business Administration (SBA) issued its first Interim Final Rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities back in May, SBA explained that it...more
A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates....more
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
False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more
Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more