Small businesses that are bidding on government contracts must be aware of the risks of hiring management level employees from a competitor or a company where there have been previous relationships. Although the person has left the other company, the SBA’s investigation after a small business size protest is filed… Read more »

 HUBZone joint venture rules are very specific and can be complex. Failure to follow them can lead a small business down a serious path that harms the businesses future. The rules have what appear to be simple compliance terms. However, there are some tricky legal nuances that can cause a… Read more »

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 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 contractor… 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 »

On of the most under-utilized tools in federal government contracting is the Native American  Indian Incentive Program (IIP). This program is sponsored by Congress and allows for a 5% rebate back to prime government contractors on amounts subcontracting to Native American Indian-Owned Companies. The Indian Incentive Program can reward federal… Read more »

Qualifying under the Code of Federal Regulations 13 CFR 125 as an SDVOSB Joint Venture 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 bid… Read more »