OHA Authority and Impact Expanded
Client Alert | 1 min read | 02.11.11
On February 2, 2011, the Small Business Administration issued a final rule amending its regulations, effective March 4, 2011, to expand and better define the authority of SBA's Office of Hearings and Appeals (OHA) by allowing for OHA review of all timely appeals of size determinations, whereas traditionally OHA would not review formal size determinations if the contract had been awarded and the issues ripe for review were contract specific, including joint venture issues and violations of the ostensible subcontractor and non-manufacturer rules. Additionally, OHA now has to issue decisions within 60 days of the close of a record, and if OHA affirms a size determination finding a protested concern to be other than small the contracting officer must terminate the contract or not exercise the next option.
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Client Alert | 4 min read | 07.31.26
On July 23, 2026, the U.S. Department of Justice’s Antitrust Division announced that it will again use targeted Second Request investigations and released a revised Model Timing Agreement, another signal that this Antitrust Division continues to take a more business friendly approach toward merger review. The model introduces an optional “Expedited Consideration” process that gives merging parties the option to address discrete competitive concerns identified by the DOJ before undertaking full Second Request compliance.
Client Alert | 3 min read | 07.31.26
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
