Avoid Costly Mistakes Under the New Joint Venture Rule The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate… Read more »

Effective June 30, 2016, the Small Business Administration (SBA) changed some of the key points in the limitation on subcontracting clauses for small business set-aside contracts.  Instead of the old “50 percent rule” the calculation for a subcontractor plan would be based on a percentage cap on the total prime… Read more »

The legal definition of a joint venture JV for purposes of a federal government contract is an arrangement where two or more companies enter into a JV relationship for the sole purpose of bidding on and performing a government contract. Under the federal joint venture definition, the venture constitutes a… Read more »

Contractors can sometimes make mistakes when calculating the SBA’s 35% HUBZone employee residency requirements when bidding for government contracts.  13 CFR 126.601 governs the residency requirement for HUBZone employees. Failure to comply with the rule can cause companies to lose out on millions in government contract awards. It is the small… Read more »

What is the Certificate of Competency  (COC)Program 15 U.S.C. 637(b)(7)? The SBA Certificate of Competency (COC) Program is regulated by the Small Business Act (15 U.S.C. 637(b)(7)). After review of the contracting agency’s referral, the SBA issues a written decision to the contracting officer either certifying or not, that one or… Read more »

Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance  GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance.  There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »

In federal government contracting to have a minority owned business enterprise (MBE) can have its advantages. However, there are strict guidelines to follow on how to become a minority owned business. There are also severe consequences for not following SBA certification rules. One example of a minority-owned business enterprise is the… Read more »

On of the most under-utilized tools in federal government contracting is the Native American  Indian Incentive Program (IIP). This program is sponsored by Congress and allows for a 5% rebate back to prime government contractors on amounts subcontracting to Native American Indian-Owned Companies. The Indian Incentive Program can reward federal… Read more »

In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »