News & Analysis as of

Small Business Mergers Small Business Administration

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

Maynard Nexsen

SBA Proposes Rule That Will Change M&A Landscape for Small Business, Recertifications to Impact Award Eligibility

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The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is...more

PilieroMazza PLLC

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

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The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and...more

Bass, Berry & Sims PLC

Final Rule Makes Host of Changes to SBA Regulations

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On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule...more

Sheppard Mullin Richter & Hampton LLP

Buying or Selling a Small Business Government Contractor? Draft the Letter of Intent Carefully to Avoid Immediate Affiliation

Buying a small business government contractor may not be as simple as a standard acquisition. This is particularly true if the small business wants to continue to qualify for federal small business set-aside and sole-source...more

PilieroMazza PLLC

OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing Contracts

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For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more

Holland & Knight LLP

Significant U.S. Small Business Administration Regulatory Changes Take Effect November 16, 2020

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The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...more

Amundsen Davis LLC

M&A Transactions Involving PPP Loans: Important Guidance From The SBA

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On October 2, 2020, the Small Business Administration (SBA) issued Procedural Notice No. 5000-20057 addressing procedures applicable to a “change of ownership” of a borrower who has received a loan under the Paycheck...more

Goodwin

SEC Charges Trust Company With Operating Unregistered Investment Companies

Goodwin on

SEC Charges Trust Company with Operating Unregistered Investment Companies and Failing to Register Securities Offerings. On September 30, the Securities and Exchange Commission (SEC) announced it had settled charges with...more

Partridge Snow & Hahn LLP

SBA Issues Guidance on Treatment of PPP Loans in Mergers and Acquisitions

On October 2, 2020, the SBA issued guidance under a procedural notice (the “Notice”) providing information concerning the required procedures for changes of ownership of an entity that has received a Payroll Protection...more

Rothwell, Figg, Ernst & Manbeck, P.C.

SBIR Policy Directive Update Preserves Government Contracting Benefits in Acquisition

The policy directive for the Small Business Innovation Research and Small Business Technology Transfer programs (collectively, “SBIR”) will be updated, effective October 1, 2020, to ensure that SBIR contracting benefits for...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2020 #3

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GOVERNMENT CONTRACTS - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables - Our three-part series on government...more

McDermott Will & Emery

[Webinar] Navigating PPP Loan Forgiveness (Part 2) - August 20th, 3:00 pm - 4:00 pm EDT

McDermott Will & Emery on

Join McDermott and BDO on Thursday, August 20 to hear about the latest updates concerning the Paycheck Protection Program (PPP). Our multi-disciplinary panel will cover the most pressing issues as of August 2020, including: ...more

Womble Bond Dickinson

M&A Transactions & PPP Eligibility and Forgiveness Considerations

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We are now a good three months into the chaos brought about by COVID-19 and while many middle- and lower-middle market deals have been put on hold or even died, some M&A activity has continued unabated. That said, the deals...more

PilieroMazza PLLC

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

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On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more

PilieroMazza PLLC

Weekly Update Newsletter - February 2020 #2

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Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more

Bass, Berry & Sims PLC

SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size Status

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Late last month, the Small Business Administration’s (SBA) Office of Hearings & Appeals (OHA) issued a decision adhering to its prior line of cases discussing when present effect will be given to an indication of interest...more

Bradley Arant Boult Cummings LLP

Important Small Business Eligibility Rules Go into Effect on May 25, 2018

The U.S. Small Business Administration (SBA) recently issued a very important, but under-the-radar, “technical correction” to its regulations pertaining to recertification of a federal contractor’s status for Multiple Award...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Fourth Quarter 2017

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Business and Corporate Special Issue - We are excited to bring you this special edition of The Legal Advisor focused on our Business & Corporate Group. The articles in this issue highlight the diverse array of matters...more

PilieroMazza PLLC

The SBA’s Two New Recertification Rules

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The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

PilieroMazza PLLC

Size Recertification Now Required for Pending Proposals After M&A - Set-Aside Alert

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Effective June 30, 2016, the SBA has implemented a final rule regarding the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. ...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VII—Investing in...

Numerous government contracts programs support small businesses. There are prime contracts set aside for various categories of small business entities. Agencies have small business contracting goals and take them very...more

Morrison & Foerster LLP

SBA Rule Changes Benefit Contractors, But Pitfalls Remain

After much anticipation, the Small Business Administration has issued a final rule implementing numerous small business contracting reforms from the 2013 National Defense Authorization Act aimed at relaxing burdensome...more

Morgan Lewis

SBA Amended Regulations Enhance Opportunities for Small Businesses

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The US Small Business Administration (SBA) has finalized multiple changes to its small business contracting rules, which should increase opportunities for small business prime contractors to partner with other businesses...more

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