Courts, Boards, & GAO
A Judge Ruled that SBA Mishandled the ATI Case. But the Company Remains Suspended.
GovCon Intelligence - The Small Business Administration failed to provide a Federal administrative judge with enough information to review the agency’s decision to suspend...
If Your Mentor-Protege Agreement Ends After Proposal Submission But Before Award, Do You Still Qualify as a Small Business? No, Says COFC.
A joint venture challenged the SBA's finding that it was "other than small" after its mentor-protégé agreement ended, but before final proposal revisions were...
Back to the Drawing Board: SBA OHA Overturns Suspension of 8(a) Contractor
Koprince McCall Pottroff - In October 2025, the SBA suspended an 8(a) Program contractor called ATI Government Solutions, LLC (ATI) after a suspension under...
How 8(a) Survives (with Jackie Robinson-Burnette)
GovCon Intelligence - Ahead of her presentation at this week’s VETS conference, former White House appointee and 8(a) associate administrator Jackie Robinson-Burnette joined me...
OHA Remands 8(a) Suspension Built on Hidden-Camera Video
McCarter & Englsih - In a sharply worded order issued on May 18, 2026, the Office of Hearings and Appeals (OHA) of the U.S....
OHA Finds Alleged Ostensible Subcontractor Was an Actual Subcontractor
In this size appeal, the protester argued the awardee was affiliated with its subcontractor because the awardee lacked food service experience and would rely...
Unimpressed with SBA’s Lackadaisical Administrative Record in a Suspension Appeal, OHA Orders a Do-Over
An 8(a) program participant challenged its suspension, arguing SBA relied on uncorroborated statements from a discredited video. OHA remanded the case because SBA submitted...
Back to Basics: The Government’s SBIR Program
Koprince McCall Pottroff - Most people are already familiar with small business set-aside competitions and direct awards, SBA’s Mentor-Protégé Program, and SBA’s socioeconomic small...
SBA’s Vague Information Request Dooms Adverse Inference
A post-award size protest challenged whether a joint venture was affiliated with related companies. The protester alleged the firm's principals had ongoing connections to...
Small Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to Know
Crowell & Moring - On April 13, 2026, President Trump signed into law the Small Business Innovation and Economic Security Act, which reauthorized the...
Threats to Native-Owned and Disadvantaged Business Preferences
Schwabe - On April 27, 2026, Representative Glenn Grothman (R-WI) and Senator Mike Lee (R-UT) introduced companion bills, H.R. 8511 and S. 4390, titled...
Dad’s Job Title Doesn’t Equal Control: OHA Remands Size Determination Based on Family Affiliation
A protester alleged that a small business was affiliated with a large company through family relationships. The protester argued that the small business owner's...
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