News & Analysis as of

Small Business Appeals

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

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

Whitcomb Selinsky, PC

Blue & Gold Waiver Rule Upheld in M.R. Pittman Bid Protest Appeal

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The M.R. Pittman Group, LLC filed an appeal with the United States Court of Appeals for the Federal Circuit on May 22, 2023. This appeal stemmed from the dismissal of their bid protest by the United States Court of Federal...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

Miller Canfield

The Status of the Pending Appeal in Silver v. Treasury Department

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Key Takeaways - ..The pending case, Silver v. Internal Revenue Service, will provide insight, when decided, of the view of the Court of Appeals for the District of Columbia Circuit on the scope of judicial review of...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

McDermott Will & Emery

Weekly IRS Roundup April 24 – April 30, 2022

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 24, 2022 – April 30, 2022... April 25, 2022: The IRS issued a news release, soliciting...more

Sheppard Mullin Richter & Hampton LLP

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

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

McDermott Will & Emery

IRS Chief Counsel Signals Increased Tax Enforcement

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The Internal Revenue Service (IRS) Chief Counsel is the chief legal advisor to the Commissioner of Internal Revenue on all matters pertaining to the interpretation, administration and enforcement of the Internal Revenue Laws....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

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...

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

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