Why OHA Reverses SBA Area Office Totality of the Circumstances Affiliation Rule Analysis

Why is Affiliation an Important Issue? SBA determines whether an entity qualifies as a small business concern by counting its receipts, employees, or another measure including those of all its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit. 13 CFR 121.103(a)(6). Many small businesses have… Read more »

Possible relief to named subcontractors in government bids: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract. This seems to be an increasing problem across the United States. In previous… Read more »

By virtue of congressional mandates, and under the National Defense Authorization Act (NDAA), the Small Business Administration (SBA) has made recent changes to various rules that regulate small business contracts including those set aside for designated SBA programs and the limitation on subcontracting. The highlights include mention of similarly situated… Read more »

The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZOne small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to any… Read more »

Given the new SBA subcontractor rules, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new affiliation rules relax the possibility of becoming affiliated, Ostensible Subcontractor Rule is still alive and well. the The new rules are not intended for the prime… 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 »

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 »

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 »

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 »

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 »