Small Business Programs & Advisory Services

SBA's Office of Hearings and Appeals Clarifies the (Not So Obvious) Effect of Size and Status Recertifications

February 21, 2018
By Isaias Alba IV and Samuel S. Finnerty
In a recent case with wide-ranging implications, the Small Business Administration's ("SBA") Office of Hearings and Appeals ("OHA") confirmed the broad nature of SBA's general rule that a contractor maintains its size and socio-economic status for the life of a contract.

Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals

February 15, 2018
By Ambika J. Biggs
The U.S. Government Accountability Office (“GAO”) has released a report on its review of several issues related to the North American Industry Classification System (“NAICS”) codes. Although it found that there are some inconsistencies in the assignment of NAICS codes – and thus size standards – for substantively similar procurements, only about 20 percent of NAICS codes appeals are successful. This is likely due to the fact that, in order to win a NAICS code appeal, an appellant must demonstrate that the contracting officer made a clear error of fact or law, not just that he or she had suspect intentions in assigning the code, such as favoring an incumbent.

Defining “Unconditional” Ownership and Control of SDVOSBs: SBA Proposes to Relax Ownership and Control Requirements

February 2, 2018
By Meghan F. Leemon
Recently, we wrote about the VA’s proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program. The proposed rule stems from Congress’ mandate in the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) that SBA be the sole agency responsible for issuing regulations relating to the ownership and control of SDVOSBs and VOSBs. On Monday, the SBA released a proposed rule regarding the sole definition of ownership and control that would apply to VA, Vets First, and all other Government acquisitions that require self-certification as an SDVOSB or VOSB.

The VA Proposes to Align Vets First Ownership and Control Eligibility Criteria with the SBA’s Regulations

January 16, 2018
By Kathryn V. Flood
On January 10, 2018, the VA issued a proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program, in order to align ownership and control requirements with the SBA’s SDVOSB program regulations. The proposed rule implements Congress’ mandate in the 2017 National Defense Authorization Action (“NDAA”) that the SBA be the sole agency responsible for the establishment of ownership and control requirements governing SDVOSB and VOSB eligibility.

New Year, New Certification?

January 3, 2018
By Megan C. Connor
With a new year upon us, it is an optimal time for contractors to review their size/status certifications on
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