Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations
- In a significant new proposed rule , the Small Business Administration (SBA) proposes to alter a number of regulations, including those governing size recertifications following mergers and acquisitions. We have previously discussed (in this article and this article ) recent decisions of the SBA... ›
Summertime Sadness for Mentor Protégé Joint Ventures
By: Alissandra Young McCann and Damien C. Specht
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First , buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a request for comments regarding updates that involve... ›OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business
By: James A. Tucker and Damien C. Specht
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration... ›OMB Says Agencies “Should” Perform a Rule of Two Analysis and Set Aside Requirements for Task Orders Under Multiple-Award Contracts
By: James A. Tucker and Damien C. Specht
The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the memorandum’s three areas of focus – and the focus of this article – is... ›GAO Finds Company's BPA BID Remains Eligible for Award Despite a Transaction, Recertification, and Change in Size Status in Connection with Its Underlying Federal Supply Schedule Contract
By: Damien C. Specht and James A. Tucker
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the Government Accountability Office (GAO) sometimes must wrestle with size and status questions to adjudicate... ›Notable Provisions of the FY 2024 National Defense Authorization Act
By: Tina D. Reynolds
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes appropriations and sets policy for the Department of Defense (“DoD”) and... ›Venture Capital Investment in a Small Business? Know the SBA rules first.
By: Damien C. Specht, Tyler J. Sewell and Alissandra Young McCann
In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture backing have used programs like the Small Business Innovation... ›SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act for Fiscal Year 2020. Most Federal contracts performed in the United States require... ›Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures
By: James A. Tucker, Damien C. Specht and Charles L. Capito
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or EEDs) work for joint ventures. As we have discussed before, the SBA regulations for a... ›Subcontracting to a Mentor-Protégé Joint Venture: Changes to How Small Business Subcontracting Goals Are Calculated
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule directs that, when a large federal prime contractor issues subcontracts to its own MPJV,... ›