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 »

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 »

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 »

In federal government contracting to have a minority owned business enterprise (MBE) can have its advantages. However, there are strict guidelines to follow on how to become a minority owned business. There are also severe consequences for not following SBA certification rules. One example of a minority-owned business enterprise is the… 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 »

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »

Make Sure That Your Joint Venture Contractual Agreement Gets Approved Before Contract Award Government Requests for Proposal (RFP) are sometimes set aside for 8(a) BD program participants. An important aspect that potential bidders must look out for is the specific language that “If the procurement is to be awarded through… Read more »