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Small Business Administration › Appeals › Small Business

The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA... more +
The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -
Bass, Berry & Sims PLC

OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

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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

Whitman Legal Solutions, LLC

Court Decision Doesn’t Affect Corporate Transparency Act Requirements for Most Companies and Real Estate Investors

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On March 1, 2024 a United States District Court in Alabama held in National Small Business United dba National Small Business Association v. Yellen (NSBA Case) that the Corporate Transparency Act (CTA) is unconstitutional. ...more

Whitcomb Selinsky, PC

Wigs Plus, LLC, Files Appeal Against Denial of SDVOSB Certification

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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

Whitcomb Selinsky, PC

OHA Denies Horizon Marketing, Inc.'s Appeal for SDVOSB Certification

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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

Whitcomb Selinsky, PC

SBA Upholds Size Determination for GC&V Construction, LLC in Appeal

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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

Whitcomb Selinsky, PC

LS3, LLC Size Determination Appeal Dismissed as Moot

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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

Whitcomb Selinsky, PC

OHA Rules in Favor of Vorago Technologies in Size Determination Appeal

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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

Whitcomb Selinsky, PC

SBA Denies Aldevra's Size Protest Appeal Against Government Sales, LLC

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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

Whitcomb Selinsky, PC

Birdon America, Inc. Appeals SBA Size Determination

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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

Whitcomb Selinsky, PC

OHA Affirms Size Determination for Razor Consulting Solutions, Inc.

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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

Maynard Nexsen

Court Enjoins Rebuttable Presumption in 8(a) Program: What's Next for Future, Current Participants?

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On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under Small Business...more

McDermott Will & Emery

PPP Loan Appeals, SBA Clawbacks and More: What You Need to Know

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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

Bass, Berry & Sims PLC

Attention SBIR Applicants…Remember that Affiliation Rules Still Apply

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The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual...more

Whitcomb Selinsky, PC

SBA Bid Protest: Two Classes of Stock and SDVOSB Eligibility

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The Small Business Administration (SBA) bid protest in question arose out of a Department of State request for proposals for an aviation program support service.  The contract was a Service Disabled Veteran Owned Small...more

Whitcomb Selinsky, PC

SBA Bid Protest Of SDVOSB Joint Venture Agreement

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What information must a joint venture agreement contain when a Service Disabled Veteran Owned Small Business (SDVOSB) is involved? This protest was initiated by ECS, the next lowest bidder, who alleged that KRR partners did...more

Sheppard Mullin Richter & Hampton LLP

SBA OHA Says Small Business on Notice of Email in Junk Folder: Appeal Untimely

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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

McDermott Will & Emery

What to Do if Your PPP Forgiveness Application Is Denied

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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

Whitcomb Selinsky, PC

Company Size Matters with the Small Business Administration (SBA)

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In government contracting, there are specific contracts reserved for small businesses. For a company to be eligible for these contracts, the business must meet specific size standard requirements established by the Small...more

Whitcomb Selinsky, PC

SDVOSB Loses Verification Status Due to False Claims Act Allegations

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Every year, the federal government awards at least three percent of all federal contracting dollars to service-disabled veteran-owned small businesses (SDVOSB), and limits competition for certain contracts to businesses that...more

Bradley Arant Boult Cummings LLP

PPP Appeal Process Overview

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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

Schwabe, Williamson & Wyatt PC

What to Know About PPP Appeals and Next Steps - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review...

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Update: On September 16, 2021, the Final Rule on Borrower Appeals of Final SBA Loan Review Decisions was posted and became effective on September 14, 2021 (the “Final Rule”). The Final Rule applies to all appealable final SBA...more

Bradley Arant Boult Cummings LLP

PPP Deferment Extended for Borrowers Who Appeal Forgiveness Decisions

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The Small Business Administration (SBA) recently issued an interim final rule that extends the deferment period for Paycheck Protection Program (PPP) borrowers who appeal final SBA loan review decisions. Prior to the...more

Sheppard Mullin Richter & Hampton LLP

“What’s In A Name?”: Federal Circuit Holds Claims Court Blurred Distinction Between ‘Size Protests’ And ‘Bid Protests’ In...

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Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can...more

Schwabe, Williamson & Wyatt PC

Updated Key Considerations for PPP Documentation under the Economic Aid Act

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Borrowers under the Small Business Administration’s (the “SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for...more

Schwabe, Williamson & Wyatt PC

Key Considerations for PPP Documentation - Update #4

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Borrowers under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for and...more

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