The U.S. Small Business Administration (“SBA”) has extended the comment periods for its proposed overhaul of small business size standards and its accompanying Revised Size Standards Methodology by 60 days, from September 21 to November 20, 2026.

As we discussed in our prior post, SBA’s proposed rule would establish new size standards for 338 industry groups and industries and, according to SBA’s estimates, result in a net increase of more than 114,000 firms eligible for small-business status.  As of September 21, SBA had received 2,117 comments, most of which opposed the proposals as drafted.

In its notice extending the comment periods, SBA explained that it is providing the additional 60 days “in response to requests for additional time to comment and following the SBA’s clarification of the impacts of SBA’s proposed changes.”  The extension applies to comments on both the proposed size standards and the revised methodology used to calculate those standards.

Comments on both proposals must now be submitted on or before November 20, 2026.

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Photo of Elizabeth Witwer Elizabeth Witwer

Elizabeth Witwer represents government contractors litigating contract claims and performance disputes against the U.S. government and other contractors, such as claims under the Contract Disputes Act (CDA), defective pricing claims, cost-allowability disputes, prime-sub disputes, and matters involving termination for convenience and breach of…

Elizabeth Witwer represents government contractors litigating contract claims and performance disputes against the U.S. government and other contractors, such as claims under the Contract Disputes Act (CDA), defective pricing claims, cost-allowability disputes, prime-sub disputes, and matters involving termination for convenience and breach of contract. She litigates cases in a variety of venues, including the Boards of Contract Appeals and the U.S. Court of Federal Claims (COFC).

Elizabeth joined the firm after serving as an Administrative Judge on the Armed Services Board of Contract Appeals (ASBCA), where she was responsible for adjudicating disputes arising under the CDA between contractors and federal agencies, including the Department of Defense, NASA, and the CIA.

Prior to serving at the ASBCA, Elizabeth held overlapping positions at the U.S. Government Accountability Office (GAO) as a Senior Attorney in the Procurement Law Division and as a member of GAO’s Contract Appeals Board. In these roles, she dual-hatted as adjudicator of bid protests challenging federal procurements and presided over contract disputes between contractors and legislative branch agencies.

Earlier in her career, Elizabeth served as a Trial Attorney in the Civil Division of the Department of Justice, where she defended the United States and federal agencies in contract, employment, and constitutional disputes before the U.S. Court of Appeals for the Federal Circuit and the COFC. She also served on active duty in the U.S. Army as counsel to the Army’s Legal Services Agency and the 4th Infantry Division on procurement matters and contract litigation, including while deployed to Iraq.

In addition to her legal practice, Elizabeth is a Colonel in the U.S. Army Reserve. 

Photo of Kayleigh Scalzo Kayleigh Scalzo

Ranked by Chambers USA among government contracts practitioners, Kayleigh Scalzo represents government contractors in bid protests and other high-stakes litigation matters with the government and other private parties. She has litigated bid protests in a wide variety of forums, including the Government Accountability…

Ranked by Chambers USA among government contracts practitioners, Kayleigh Scalzo represents government contractors in bid protests and other high-stakes litigation matters with the government and other private parties. She has litigated bid protests in a wide variety of forums, including the Government Accountability Office, U.S. Court of Federal Claims, U.S. Court of Appeals for the Federal Circuit, FAA Office of Dispute Resolution for Acquisition, federal and state agencies, and state courts.

Kayleigh is a former co-chair and current vice-chair of the American Bar Association Public Contract Law Section’s Bid Protest Committee. She is also a frequent speaker on bid protest issues.

Kayleigh maintains an active pro bono practice focused on immigration issues and gender rights.

Photo of Nooree Lee Nooree Lee

Nooree Lee represents government contractors in all aspects of the procurement process and focuses his practice on the regulatory aspects of M&A activity, procurements involving emerging technologies, and international contracting matters.

Nooree advises government contractors and financial investors regarding the regulatory aspects of…

Nooree Lee represents government contractors in all aspects of the procurement process and focuses his practice on the regulatory aspects of M&A activity, procurements involving emerging technologies, and international contracting matters.

Nooree advises government contractors and financial investors regarding the regulatory aspects of corporate transactions and restructurings and – more recently – on equity investments by the U.S. government. His experience includes preparing businesses for sale, negotiating deal documents, coordinating large-scale diligence processes, and navigating pre- and post-closing regulatory approvals and integration. He has advised on 50+ M&A deals involving government contractors totaling over $40 billion in combined value. This includes Advent International’s sale of Ultra Maritime to Lockheed Martin for $3.45 billion; Bridgepoint Group’s sale of Evac Group to Altor Equity Partners; the acquisition of Perspecta Inc. by Veritas Capital portfolio company Peraton for $7.1 billion; and Cameco Corporation’s strategic partnership with Brookfield Renewable Partners to acquire Westinghouse Electric Company for $7.8+ billion. Nooree also advised the financial advisor and lead left arranger of MP Materials’ $1 billion in committed financing for its partnership with the Pentagon to build out the U.S. rare earth materials supply chain.

Nooree also counsels clients focused on delivering emerging technologies to public sector customers. Over the past several years, his practice has expanded to include advising on the intersection of government procurement and artificial intelligence. Nooree counsels clients on the negotiation of AI-focused agreements with the U.S. government and the rollout of federal and state-level regulations impacting the procurement and deployment of AI solutions on behalf of government agencies.

Nooree also counsels clients navigating the Foreign Military Sales (FMS) program and Foreign Military Financing (FMF) arrangements. Nooree has advised both U.S. and ex-U.S. companies in connection with defense sales to numerous foreign defense ministries, including those of Australia, Israel, Singapore, South Korea, and Taiwan.

In addition to his government contracts advising, Nooree assists clients with navigating federal Freedom of Information Act and state public records requirements, including objecting to a government agency’s proposed release of a company’s proprietary information.

In addition to his work within the firm, Nooree is the Secretary for the American Bar Association’s Section of Public Contract Law. He also previously served as the firm’s Fellow for the Leadership Council on Legal Diversity program.

Photo of Peter Terenzio Peter Terenzio

Peter Terenzio advises clients regarding the regulatory requirements that govern federal contractors and grantees. He focuses on helping clients navigate the Cost Accounting Standards (CAS) and the cost principles in FAR Part 31 and 2 CFR Part 200. He also routinely advises on…

Peter Terenzio advises clients regarding the regulatory requirements that govern federal contractors and grantees. He focuses on helping clients navigate the Cost Accounting Standards (CAS) and the cost principles in FAR Part 31 and 2 CFR Part 200. He also routinely advises on Other Transaction Authority (OTA) research, prototype, and production agreements.

Peter works on accounting, cost, and pricing matters, including providing day-to-day compliance advice; assisting with responses to audits and investigations and findings of potential noncompliance; and performing internal investigations of alleged violations. He also advises on other regulatory regimes, including the complicated prevailing wage rules imposed by the Davis Bacon Act (DBA) and Service Contact Act (SCA). He has particular experience with prototype OTAs issued in cutting edge fields, including quantum computing and biotechnology.

Peter also represents contractors in disputes arising under contracts and grants. He knows how to work closely with the client’s subject matter experts to prepare and submit detailed requests for equitable adjustment (REAs) to secure price or schedule relief. When contract disputes cannot be resolved amicably, he has helped clients in litigation before federal courts and the Boards of Contract Appeals.

Photo of Evan Matsuda Evan Matsuda

Evan Matsuda is an associate in the firm’s Washington, DC office and a member of the firm’s Government Contracts Practice Group. He assists clients on a broad range of issues, with a focus on bid protest litigation, contractor tort defenses, and regulatory compliance…

Evan Matsuda is an associate in the firm’s Washington, DC office and a member of the firm’s Government Contracts Practice Group. He assists clients on a broad range of issues, with a focus on bid protest litigation, contractor tort defenses, and regulatory compliance matters.

Evan represents clients in bid protest litigation at the Government Accountability Office and the U.S. Court of Federal Claims, both as protester and defendant-intervenor. He has experience with bid protest procedures for negotiated procurements, task and delivery orders, and other transactions authority (OTA) awards. Evan also defends government contractors against tort claims in federal court, including based on the government contractor defense, federal preemption, and derivative sovereign immunity.

In addition to his litigation practice, Evan has experience counseling clients on labor law compliance, ethics regulations, and risks associated with supplier diversity programs. He also assists clients responding to public records requests under state and federal public records laws. Evan also maintains an active pro bono practice focused on international law and security.

Photo of Homer La Rue Homer La Rue

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on…

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on a broad range of matters related to government contracting, including: complex regulatory compliance matters, high-stakes investigations, enforcement actions, corporate transactions, and prime contractor / subcontractor disputes. Prior to joining the firm, Homer spent over a decade at the Defense Contract Management Agency (DCMA) working in support of key Defense and Intelligence Community buying commands. As a warranted Corporate Administrative Contracting Officer (CACO), Homer’s duties included a wide range of enterprise-wide contract administration and audit resolution functions.

Homer also maintains an active pro bono practice focused on indigent criminal defense.