Contractual Joint Venture Agreement and SBA Approval

Are you complying with Federal Joint Venture Regulations?   Many companies lose out on lucrative SBA joint venture contracts because they fail to meet the expressed terms of the solicitation requirements and policy of joint agreement relationships. Government Requests for Proposal are sometimes set aside for 8(a) BD program participants. An… Read more »

Challenging FAR 52.219-9 Small Business Subcontracting Plan Requirements

What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Contractors… Read more »

Filing or Intervening SBA Small Business Size Protests

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement… Read more »

SBA Size Appeal and Determinations of Common Management and Control

In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »

National Origin Discrimination in the Workplace — Colorado

Information for Colorado Employers that Can Minimize Litigation National origin discrimination in the workplace, under Colorado discrimination laws, occurs when employers treat applicants or employees unfavorably because of factors such as ethnicity, national origin, accent, or even if the employer perceived them to be of a certain national original regardless of whether… Read more »

SBA Affiliation Definition

Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA small business affiliation rules and decisions can surprise you. If you are the awardee you want to be able to offer sound legal arguments why the protestor’s allegations… Read more »

SBA Size Protest Timeliness

Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts.  More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project.   In many situations, because there is confusion about when the… Read more »

HUBZone Certification & HUBZone Requirements

How to Get SBA HUBZone Certified Having SBA HUBZone certification opens many doors for you as a contractor.  It is important to understand the requirements that you must fulfill in a proposal submission and what is owed to you by the government in a request for proposal.  HUBZone stands for… Read more »

Past Performance Evaluation of Parent Companies And Bid Protests

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 write ups of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement… Read more »