OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations

A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC , SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA review in small business size determinations. OHA overturned an adverse size determination after finding the SBA Area Office improperly refused to consider the mentor protégé joint venture’s (JV) operating agreement (OA) simply because it was not expressly incorporated into the joint venture agreement (JVA). This decision reinforces that a well-drafted operating agreement . . . Read More

SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations

In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of Secise, LLC, SBA No. SIZ-6337 (Feb. 19, 2025) clarified an important exception to the general rule for determining a firm’s size status. The ruling addressed the meaning of “offer” under the SBA’s 180-day rule, a key factor in determining whether a firm remains eligible for a small business set-aside contract following a merger, sale, or acquisition. The Case at a Glance Under SBA regulations, a firm’s size is generally determined . . . Read More

Cy Alba Explains SBA Final Rule and Implications for GovCon Mergers and Acquisitions

PilieroMazza ’s Cy Alba was recently featured in a podcast and webinar discussing SBA’s Final Rule and its implications on mergers and acquisitions in the government contracting arena. Visit the links below to access the podcast and webinar. Also, visit this link for additional coverage from PilieroMazza on SBA’s Final Rule. sbLiftOff Podcast: SBA Rule Will Affect the Value of Some Small Businesses: New GovCon Mergers and Acquisition Rules EXPLAINED OrangeSlices AI Webinar: SBA Earthquake: New Regulations Affecting M&A About Isaias “Cy” Alba, IV Cy counsels clients in a broad range of government . . . Read More

SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program

As PilieroMazza noted recently  here , on December 17, 2024, the Small Business Administration (SBA or the Agency) published a final rule  that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program and clarify certain program policies. This final rule goes into effect on January 16, 2025, and “will apply to existing contracts.” [1] Below are some key high-level takeaways on changes to the HUBZone Program. Attorneys in PilieroMazza ’s  Government Contracts Group released a series of client alerts on different aspects of . . . Read More

SBA Update: SBA Clarifies Protégés’ Past Performance and/or Experience Exception

As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued a final rule updating and clarifying many regulations that impact small businesses. The revised regulations cover a wide range of programs, including the SBA’s Mentor-Protégé Program. One clarification addresses how agencies should credit the past performance and experience of protégés when bidding as part of a joint venture with its mentor. The rule seeks to clarify the extent to which an agency may require a protégé to submit past . . . Read More

SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business Matters

Click  here  to view the recorded session. Join  PilieroMazza’s   Meghan Leemon  as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on January 16, 2025, and brings significant changes that government contractors need to understand to maintain compliance and position your business for success under the new regulations. Learning objectives: changes to the HUBZone program and how they impact eligibility and certification; updates to size standards, . . . Read More

SBA Update: Final Rule Significantly Changes Effect of Size/Status Recertifications, Alters M&A Landscape for Government Contractors

As PilieroMazza outlined on December 17, 2024, the Small Business Administration (SBA) recently issued its highly-anticipated final rule (Rule) in response to its August 2024 proposed rule and the hundreds of public comments. The Rule significantly alters the size and socioeconomic status recertification obligations for government contractors and the effect of those recertifications. The Rule impacts eligibility for set-aside contracts, alters the landscape for mergers and acquisitions (M&A) in the government contracts industry, and could have other downstream consequences. Earlier this year, we . . . Read More