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Appeals › Small Business Administration › Federal Acquisition Regulations (FAR)

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

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On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more

Bass, Berry & Sims PLC

Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility

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The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

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On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

Bradley Arant Boult Cummings LLP

Understanding Small Business Size and Status Protests and Appeals: A Guide for Government Contractors

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In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties,...more

PilieroMazza PLLC

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

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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...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Sheppard Mullin Richter & Hampton LLP

“What’s In A Name?”: Federal Circuit Holds Claims Court Blurred Distinction Between ‘Size Protests’ And ‘Bid Protests’ In...

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Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can...more

Holland & Knight LLP

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

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On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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