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 Federal Supply Schedule (FSS) contract. The new OHA decision is Size Appeal of LinTech Global, Inc., SBA No. SIZ-6287 (2024). The decision highlights widespread confusion—including within SBA itself—as to what the governing regulations mean.
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