The Consequence of Failing to Re-certify as a Small Business After Merger in Multiple Award Contracts: Apparently No Consequence

Nichols Liu – In Odyssey Systems Consulting Grp., Ltd., the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) decided its first size appeal interpreting SBA’s October 2020 final rule as it relates to small business mergers and size re-certifications in task order competitions under Multiple Award Contracts (“MACs”).  While OHA ultimately decided the appeal on timeliness grounds, OHA provided commentary that suggests that it will permit the target of mergers to remain eligible for task orders despite becoming other than small.