News & Analysis as of

Small Business Subcontractors Office of Hearings and Appeals (OHA)

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

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

Bradley Arant Boult Cummings LLP

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

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

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

Venable LLP on

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

Fox Rothschild LLP

SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense

Fox Rothschild LLP on

Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or has the ability to control – the small...more

PilieroMazza PLLC

OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing Contracts

PilieroMazza PLLC on

For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more

PilieroMazza PLLC

SBA Gradually Approves of Hiring Key Personnel from an Alleged Ostensible Subcontractor

PilieroMazza PLLC on

The Small Business Administration (“SBA”) is undergoing a gradual shift in its views on small business prime contractors proposing to hire “key personnel” from their subcontractors in the context of the ostensible...more

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