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
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 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
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
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
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
The U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) issued an important decision that the managing venturer must have unequivocal control over the joint venture (JV). Seventh Dimension, LLC,...more
As we dive into the next decade of small business matters (hello 2020!), we wanted to briefly review the key small business regulatory changes that took place at the end of 2019. We also want to discuss a December 2019...more
U.S. Small Business Administration (“SBA”) regulations require that mentor-protégé and socioeconomic joint ventures designate the protégé or socioeconomic member as the “managing venturer” of the joint venture. However, the...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
This is the first blog post by Holland & Knight’s newest government contracts attorney; Mitchell Bashur. Mitchell focuses his practice on government contracts and has extensive experience with protests, small and...more
Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract. After losing battles at the Small Business Administration (SBA) Area Office and Office of...more
SBA’s Office of Hearings and Appeals recently issued a surprising decision finding that the mentor-protégé affiliation exemption does not excuse program-specific requirements for SDVOSB joint ventures. OHA agreed with SBA’s...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