Under SBA size appeal regulations, concerns are affiliated when one has the power to control the other, or when a third party has the power to control both. 13 CFR121.103(a)(1). If you own 50% or more of a concern, then there is strong chance that an SBA OHA Size appeal… Read more »

What is the Small Business Limitations on Subcontracting Clause? When it comes to small business limitations on subcontracting there is generally a difference in the rules, especially as applied to each small business concern. The limitations apply to small business subcontracting when there is a contract for services and a contract for supplies…. Read more »

The SBA Ostensible Subcontractor Rule is a potent sword used to extinguish contract awards to government contractors. Small businesses must be extremely careful when submitting proposals that intend to use incumbent employees. This can be fertile ground for an SBA size appeal under the Ostensible Subcontractor Rule. The SBA Ostensible… Read more »

When you are faced with a SBA size appeal and small business size standard determination based upon affiliation and common ownership, small businesses must be very careful when forming spin- off companies and where there are corresponding majority and minority ownership interest in both companies. When there are substantial amounts… Read more »

What happens after SBA receives a small business size standard protest or request for a formal size determination? Knowing the key points of a size protest can help a company to be responsive and not lose out a  possible victory by failing to adequately complete the SBA for 355 or… Read more »

Are Small Businesses Getting Their Fair Share of Government Contracts Unfortunately, they don’t. The real question is why not? There is some analysis to this unfortunate fact about small business government contracts. First, large projects appear to be out of the reach of small businesses – or so they think…. Read more »

Contractors often have many questions about the Ostensible Subcontractor Rule and its role in Request for Proposal Submission and Bid Protests. The below information shows how SBA affiliation decisions under the rule are very fact specific. Getting the proper guidance at the bid submission stage is always the way to… Read more »

An SBA size protest occurs when your competition challenges your small business size standard after award of a government contract. There are a few things that small business can do to avoid an SBA size protest. They include: Making sure that teaming  partners or subcontractor does not perform the primary… Read more »

On May 22, 2013, the Small Business Administration Office of Hearings and Appeals ruled against the Appellant is a SBA Size Protest. (Size Appeal of The Trevino Group, Inc., SBA No. SIZ-5472 (2013). The size appeal was untimely because it was filed more than 15 days after the SBA made… Read more »

Address and Defeat Affiliation Issues in Size Protests. Watson & Associates’ size protest and size determination lawyers share important information to government contractors and small businesses that face adverse decisions stemming the contracting agencies or the Small Business Administration. The following cases had a national impact on how the SBA… Read more »