Avoid Costly Legal Mistakes When Challenging Small Business Set Aside Decisions by the Government In Bid Protests. Federal procurement law provides for very strict rules about small business set aside decisions. However, many contracting agencies may avoid the set aside rules. Meeting the small business set aside definition under procurements… Read more »

Under the Newly Organized Concern Rule, when filing or defending an SBA Small Business Size Protest, government contractors must be aware of the nuances and landmines awaiting them. The newly organized concern rule consists of four required elements:   (1) the former officers, directors, principal stockholders, managing members, or key… Read more »

Lack of Crucial Technical Proposal Writing Information Can Cost You the Contract Technical proposals that introduce involvement or parent companies will be heavily scrutinized by government contracting agencies. Even when you are proposing larger subcontractors you still have to meet certain proposal inclusions to get a favorable rating. There are… Read more »

How to Avoid Costly Teaming Agreement Mistakes in a Bid Protest When submitting a government proposal, you may choose to submit a teaming agreement to show evidence of relationships with another subcontractor. Yet, a question arises in a bid protest whether your teaming agreements were sufficiently evaluated by the Source Selection Authority (SSA). … Read more »

Common Management and identity of interest are part of affiliation disputes raised in a small business size protest. However, you must be fully aware of the legal issues and how lawyers analyze them. You do not want to lose out in a SBA size appeal by taking on the case… Read more »

Hiring incumbent contractor employees under Executive Order 13495 has become a hot topic when bidding on government contracts.   Although the rules allow you to hire existing contract incumbent employees, there are limitations.  If not done correctly, small businesses can still face dangerous problems with affiliation allegations. For example, hiring the… Read more »

DOD small business agreements and contracts, especially teaming agreement contracts, are commonplace in today’s federal marketplace. Government DOD contracts get larger and more complex. Small companies cannot keep up with the increased resources that it takes to bid for and perform more major federal contracts. As a result, small businesses seek out other… Read more »

SBA SDB Certification | What is a Small Disadvantaged Business Enterprise SDB 13 CFR 124 | Watson

An SBA  Small Disadvantaged Business (SDB) Enterprise or DBE carries some weight in Federal Government Contracting when bidding as a small business. It can mean the difference between getting business contracts that are worth $750,000 versus getting nothing.  There are various levels of control and statutory requirements that applicants must meet.  … Read more »

Subcontractor Totality of the Circumstances Affiliation Test In Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky What the SBA Office of Hearings and Appeals (SBA OHA) applies the totality of the circumstances test in small business size appeal and subcontractor size protests cases based upon control is the… Read more »

Although congressional mandates show an increase in small business set aside procurement, filing a bid protest that challenges the contracting agency’s decision to set aside a procurement for small businesses must be approached with extreme care. The ultimate concern under FAR 19.502 is to understand what exactly is the government contracting agency supposed to… Read more »