Possible relief to named subcontractors in government bids who are later let go by the prime contractor: 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 after award. This seems… Read more »
By virtue of congressional mandates and FAR regulations for small business firms, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various SBA affiliation rules that regulate government contracts for small businesses including those set aside for designated SBA programs and… Read more »
The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZ Ones 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… Read more »
Caution: Violations of the Ostensible Contractor Rule Result in Lost Contracts Given the new SBA subcontractor rules and regulations, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new SBA affiliation rules relax the possibility of becoming affiliated, the Ostensible Subcontractor Rule… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »
The Government Certificate of Competency (SBA 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 more of the small businesses are responsible and meet… 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. What is a Certificate of Competency (COC)? The Government Certificate of Competency Program is in place in order for… Read more »
By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. The U.S. Small Business Administration (SBA) Non Manufacturer Rule and FAR guidelines have 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 as an eligible… Read more »
Be aware of the various legal nuances that can cost you the contract. Independent Government Contractor agreements in federal 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.Government contracts should… Read more »