Office of Hearing and Appeals (OHA) Year-In-Review: Impactful Decisions from 2021
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
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
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...more
On February 20, 2023, Wigs Plus L.L.C. filed an appeal against the Small Business Administration regarding the denial of their SDVOSB certification application. The SBA had determined that Wigs Plus L.L.C. did not meet the...more
On May 16, 2023, Horizon Marketing, Inc. filed an appeal with the Small Business Administration after their application for Service-Disabled Veteran-Owned Small Business (SDVOSB) certification was denied. The denial was based...more
On May 25, 2023, Brandon Parker, a Contracting Officer from the U.S. Department of Veterans Affairs, filed a protest against Silotech-Apex JV, LLC (Silotech) challenging their Service-Disabled Veteran-Owned Small Business...more
In February of 2023, GC&V Construction, LLC challenged a size determination that deemed the company ineligible as a small business. The basis for their appeal revolves around the claim that errors occurred during the Area...more
In May 2023, the SBA Office of Government Contracting made two significant Size Determinations, Nos. 6-2023-020 and 6-2023-021, concerning the small business status of LS3, LLC. Challenging these determinations, LS3, LLC...more
Vorago Technologies, Inc. recently appealed a size determination that categorized the company as "other than small" and consequently rendered it ineligible for the Small Business Innovation Research (SBIR) program. The U.S....more
Aldevra, LLC filed two appeals challenging the size determination of Government Sales, LLC (GSL). The Small Business Administration (SBA) Office of Hearings and Appeals consolidated these two appeals into one proceeding....more
Birdon America, Inc. was recently engaged in an appeal process regarding a size determination made by the Small Business Administration (SBA). The SBA determined that Birdon America, Inc. does not qualify as a small business...more
In a recent size appeal case, Razor Consulting Solutions, Inc. found itself at odds with the Small Business Administration (SBA) over a size determination made by the SBA's Office of Hearings and Appeals (OHA). This blog post...more
Forward Slope, Inc. recently appealed a size determination made by the U.S. Small Business Administration (SBA). The SBA determined that Forward Slope, Inc. is not a small business for the specific procurement....more
In a recent size appeal case, Federal Performance Management Solutions, LLC (Appellant) has contested a determination that found them not to be a small business. Cognito Systems, LLC (Cognito) filed a size protest against...more
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
The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more
On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more
Based on new rules that take effect on May 10, 2023, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) will now hear appeals from Historically Underutilized Business Zone (HUBZone) status...more
As PilieroMazza previously highlighted, contractors wishing to pursue set-aside work through small business joint ventures (JVs) must comply with the Small Business Administration’s (SBA) JV regulations, which require certain...more
The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and...more
Here's another post about a size appeal case involving Veterans Construction Coalition, LLC, SBA No. SIZ-5824 (2017), which involved the Small Business Act of 1958. Recognizing the importance of free enterprise and...more
This size standard determination appeal case of Lost Creek Holdings, LLC (SBA No. SIZ-5831) concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act...more
This case, an Appeal of Dellew Corp., SBA-NAICS-5837, concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a...more
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
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