News & Analysis as of

Small Business Office of Hearings and Appeals (OHA)

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

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

Verndari, Inc. Appeals SBA's Denial of SDVOSB Certification

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On July 5, 2023, Verndari, Inc. filed an appeal to the Small Business Administration after their certification as a Service-Disabled Veteran-Owned Small Business (SDVOSB) was denied. The SBA's decision was based on their...more

Whitcomb Selinsky, PC

Silotech-Apex's Operating Agreement Challenged in SDVOSB Protest

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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

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

Forward Slope, Inc. Wins Size Determination Appeal

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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

Whitcomb Selinsky, PC

Analyzing the Cogito Systems SBA Size Protest Case

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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

Miles & Stockbridge P.C.

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

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

McDermott Will & Emery

SBA PPP Loan Concerns Linger for Small Businesses

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Many small businesses continue to face uncertainty over whether the Small Business Administration (SBA) will grant forgiveness of their Paycheck Protection Program (PPP) loans. Despite the vast majority of small businesses...more

Cozen O'Connor

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy

Cozen O'Connor on

Some significant (perhaps short-term) changes have rapidly come to the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) or the Program) following a U.S. Federal District Court for the...more

Holland & Knight LLP

SBA Begins Review of Personal Social Disadvantage Narratives

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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

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

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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

PilieroMazza PLLC

Final Rule Implements New Process for Appealing HUBZone Status Protests

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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

PilieroMazza PLLC

Forming a Joint Venture? SBA Stresses Importance of Complying with State Law

PilieroMazza PLLC on

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

PilieroMazza PLLC

Why the Content of a Contractor’s Joint Venture Agreement Matters

PilieroMazza PLLC on

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

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

Whitcomb Selinsky, PC

Size Standard Determination Appeal: Lost Creek Holdings

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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

Whitcomb Selinsky, PC

Dellew Corporation Files a NAICS Code Protest Two Years Too Late

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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

Morrison & Foerster LLP - Government...

Is Your Joint Venture Agreement Compliant With Current SBA Regulations And Current Case Law?

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

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