SBA Case Highlights Ambiguity In Small Business Jobs Act

Law360, New York (February 21, 2014, 2:24 PM EST) -- On Jan. 28, 2014, in the Size Appeal of TISTA Science and Technology Corporation (“TISTA”) (Docket No. SIZ-2013-11-04-139), the Small Business Administration’s Office of Hearings and Appeals (“OHA”) issued one of its first rulings interpreting the Small Business Jobs Act’s deemed certification provisions. OHA ruled that the act’s deemed certification provisions do not apply to proposals for task or delivery orders under long-term contracts.

Longstanding regulations adopted by the U.S. Small Business Administration in 2006 provide that, on long-term contracts, size is determined at the time...
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