Ostensible Definition Under the government’s Ostensible Subcontractor Rule, subcontractor is defined as ostensible when it is actually performing the primary and vital 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. 13… Read more »

Protesting the SBA NAICs Code size standard for a government contract can be tricky. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. The SBA’s regulations instruct that, in making a size standard determination, the contracting officer must select “the… Read more »

Avoid Costly Mistakes Protesting CICA Small Business Set Aside Decisions and SBA Rule of Two If you are considering protesting agencies’ small business set asides and their application of the SBA Rule of Two small business rules at GAO or Court of Federal Claims, you should be aware that this can be a… Read more »

Business Partnership Contract & Agreements

Submitting a proposal to the federal government implies that you will comply with the new SBA limitation on subcontracting rules such as 13 CFR 125.6. If your proposal, on its face, leads an agency to the conclusion that you could not and would not comply with the FAR subcontracting limitation, the agency can… Read more »

Who are Interested Parties? Under GAO protest regulations the interested party legal definition for a bid protest means that you must be an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.   In… Read more »

SBA affiliation rules and identity of interest challenges can be complex and confusing. A common dispute arises when your competition files an SBA small business size appeal due to identity of interest. As a common practice, SBA affiliation rules should not simply focus on whether the qualified member alone could control the… Read more »

According to the SBA small business size protest requirements, filing a challenge against your competitor must be approached with caution. Many small businesses lose out on the potential to recapture substantial amounts of government contract revenues due to lack of understanding of the small business size protest rules. If you file… Read more »

A common question arises as to what date does your size count for an SBA small business size protest under title 13 of the code of federal regulations (13 CFR part 121.) SBA regulations stipulate that if you meet the size standards at the time you receive the contract, then… Read more »

Importance of Your Technical Proposal When bidding on any federal government contract, your technical proposal generally carries the most weight. This section of the bid must detail your approach to various aspects of the solicitation’s requirements including staffing, understanding the requirements and providing detail that explains how you will actually perform… Read more »

SBA Mentor Protege Agreement and Small Business Joint Venture Rules have significant power when applied to submitting proposals for federal government contracts (13 CFR 124.513). However, there are still situations where small businesses can make serious legal mistakes and give up lucrative federal contracts as a result.   Given the higher level of scrutiny given to… Read more »