The subtle difference between using a teaming agreement and a joint venture agreement is that a teaming agreement essential identifies the prime contractor and subcontractor and discusses the roles of each to the government. In a joint venture arrangement, a third entity is the actual offeror and not the individual… Read more »

Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. The rule’s purpose… Read more »

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 past affiliation between firms had ended well before the date for determining size and that identity of interest analysis did not… Read more »

Often times, small businesses enter into family relationships that can impact the SBA Size standards application. When competitors challenge a government contract award in an SBA small business size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules… Read more »

SBA size determination protests and disputes about the Ostensible Subcontractor Rule are continuously litigated. Many companies are still unclear about how the SBA evaluates the various aspects of the relationship between participating firms. Simply choosing to submit a teaming partner or subcontractor in your bid is not the end of… Read more »

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 »

The SBA size determination and applicable NAICS Size standards regulations, 13 CFR 121, involve oversight to make sure that contractors bidding on federal government contracts continue to abide by the legal requirements.  Small businesses get some level of preferential treatment when it comes to government contracts. Therefore, the Small Business Administration (“SBA”) is in… Read more »

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 »

The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination.  13 CFR 121.1008(d); 13 CFR 121.1009(d).  The adverse inference rule will likely be applied if the protestor fails to… Read more »

Common Management & Identity of Interest Common management and identity of interest involve complex SBA small business affiliation regulations, that if violated can impact your ability to bid on future government contracts. Issues commonly arise in size protests or during the initial 8a certification application process.  The following are pointers derived from the SBA…. Read more »