The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a Certificate of Competency (COC) review. This has become a common dispute in bid protest appeal cases. As a… Read more »

The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »

National Defense Authorization Act of 2013 and the New Final Rule in 13 CFR 121.404. Are you a small business that has recently sold, merged or been acquired by another entity?  New promulgations of the federal rules may impact when you have to recertify your businesses size. SBA determines 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 »

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture  agreement 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… 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 »

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 »

After federal contractors acquire government contracts, some of them seek an exit strategy structuring a merger and acquisition of the company. However, when compared to the traditional commercial practice, when there are existing government contracts involved, buyers and sellers should beware. If you are contemplating joining your company with a… Read more »

Knowing How the SBA Looks at Small Business Mergers and Acquisitions Can Impact Your Sale. Many government small businesses make the huge step of merging with other companies for viable business reasons. However, when considering small business mergers and acquisitions impact, the  SBA’s “present effect” rule, the SBA considers agreements to… Read more »

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 that… Read more »