News & Analysis as of

Federal Contractors Recertification Federal Acquisition Regulations (FAR)

Akerman LLP

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

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The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

Holland & Knight LLP

The Storm Before the Calm: SBA Final Rule Delays Impact of Future Post-M&A Recertifications

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The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more

Morrison & Foerster LLP - Government...

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more

Bass, Berry & Sims PLC

Task Orders May Carry Implicit Size Recertification Requirements

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Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more

PilieroMazza PLLC

Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses

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We have fielded numerous calls from new clients asking the same question when it turns out they have violated a FAR provision: “Do they really expect me to read all of those regulations? How is someone supposed to understand...more

Bass, Berry & Sims PLC

Size Recertification Prior to Award – When is it Required?

The U.S. Court of Federal Claims (COFC) decision in HWI Gear, Inc. v. United States highlights the importance of reviewing a solicitation to determine if the text of Federal Acquisition Regulation (FAR) 52.219-28 is included...more

PilieroMazza PLLC

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

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On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more

PilieroMazza PLLC

Does SBA's New Recertification Rule Apply to My Contract? - Set-Aside Alert

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Published by Set-Aside Alert: The Small Business Administration's regulations require a concern to recertify its small business and/or socio-economic size status (1) within 30 days of an approved contract novation; (2) within...more

Miles & Stockbridge P.C.

Recent SBA OHA Ruling Could Heat Up M&A Marketplace for Small Business Government Contractors

Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more

PilieroMazza PLLC

Recertifications of Size or Status: What Contractors Need to Know

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Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your...more

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