The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination.  13 CFR 121.1008(d); 13 CFR 121.1009(d).  The adverse inference rule will likely be applied if the protestor fails to… Read more »

SBA Does Make Mistakes When Evaluating Gender Bias for 8a BD Small Business Programs To gain entry into the 8a BD Program, a program designed to help small disadvantaged businesses and SBA Minority Owned Business owners compete in the marketplace, the business entity must be unconditionally owned and controlled by one or more… Read more »

Common Management & Identity of Interest Common management and identity of interest involve complex SBA small business affiliation regulations, that if violated can impact your ability to bid on future government contracts. Issues commonly arise in size protests or during the initial 8a certification application process.  The following are pointers derived from the SBA…. Read more »

Ostensible Definition Under the government’s Ostensible Subcontractor Rule, subcontractor is defined as ostensible when it is actually performing the primary and vital requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. 13… Read more »

Awards for Native American government contracts to super 8(a) tribal entities and Alaskan Native Corporations (ANC 8a Contracts) have become a serious issue for non-native American contractors. According to a GAO study, federal dollars obligated to tribal 8(a) firms grew from $2.1 billion in fiscal year 2005 to $5.5 billion… Read more »

By: Leanna Ajour, Esq.  Simple assumptions can cost you the ability to obtain and retain 8a status. What is more, failure to follow procurement regulations can rise to the level of fraud where ownership and control do not comply with the laws. You are the owner of the company. If… Read more »

On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”).  The SBA’s Notice of Suspension from the 8 (a) certification program said  that WTE could… Read more »

Past performance evaluation of parent companies can sometimes go unnoticed by the government or bidders submitting proposals. There a certain allowances where a contractor can submit, and use past performance evaluations of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement laws…. Read more »

SBA affiliation rules and identity of interest challenges can be complex and confusing. A common dispute arises when your competition files an SBA small business size appeal due to identity of interest. As a common practice, SBA affiliation rules should not simply focus on whether the qualified member alone could control the… Read more »

Why Are Your SBA 8a Certification Supporting Documents Critical? When applying for your SBA 8a certification, there are a number of supporting documents that you must gather to send in with your application or use them to get information. You do not want to just look at this as an… Read more »