The SBA agency  Certificate of Competency (COC)  rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. Agency Responsibility Determination –The Rule of Law: The Small Business Act suggest that government contracting agencies should not make a… Read more »

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture  agreement means that you must first qualify as an SDVOSB. Although this seems obvious, there are cases where small businesses submitted government bids with  SDVOSB Joint Venture agreements and lost when challenged by the competition in a… Read more »

 To better understand what is a mentor under the SBA SBA Mentor Protege Program, it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Progam is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR 124.520, a mentor… Read more »

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »

Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justification Contracts Violate the… Read more »

When it comes to federal contracting, there are several government programs to help small businesses succeed in the procurement market. Despite the high demand for getting into these government programs, there is still a requirement to plan carefully and develop a sound roadmap to become successful. What Are Some of… Read more »

How Does the SBA Non manufacturer Rule, 13 CFR 121.406, Impact Your Small Business? The SBA Non Manufacturer Rule has become the topic of litigation for small businesses in the SBA 8a Program.  Under the rule, 13 CFR 121.406, your small business may qualify for a requirement to provide manufactured products… Read more »

Be aware of the various legal nuances that can cost you the contract. Independent Contractor agreements in government contracting have vastly different legal issues. Not only do the parties have to very careful at the bidding stages; they also have regulated approaches to subcontracts during the performance stage.   The main… Read more »

Lack of understanding SBA 8(a) Regulations Can Put Criminal Defendants at Risk On the issue of defrauding SBA Disadvantaged Small Business Program, there many recent cases where the Department of Justice, SBA Inspector General and other government entities have investigated and indicted Small Disadvantaged Business (SDB) owners for committing procurement… Read more »