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 »
Deciding whether or not to file a protest at the Government Accountability Office (GAO) makes the difference in saving substantial business revenues or letting another bidder take advantage of the opportunity. However, there are other considerations for you to think about. Most important are the procedural requirements to file. When finding a… Read more »
Proposal Writing Strategies That Also Can Withstand a Bid Protest. As a Federal Government contractor, it is important to understand how the agency evaluates your proposal. If you are fortunate to get the award, you now have to probably withstand a bid protest to GAO or some other forum. The first step… Read more »
Tips on How to Challenge a HUBZone Small Business Contract Award Through A Bid Protest or Appeal By Cheryl E. Adams, Esq. You may need to beat a competitor’s price by 10% to win a government contract, if your firm is not an SBA certified HUBZone small business concern. Also,… Read more »
Many solicitations require that the offeror must submit and SBA approved mentor protégé agreement at bid submission. Other federal government solicitations require the mentor protégé agreement to be approved before the award. In the recent case of Size Appeal of North Wind Site Services, LLC, SBA No. SIZ-5988 (2019), which was an… Read more »
Never Guess At the SBA Affiliation Rules, You May be Wrong. SBA joint venture rules can be confusing the say the least. Yet, many companies tend to roll the dice and then late become subject to a small business size protest and lose the profits and revenues from the awarded… Read more »
Failure to Follow 13 CFR 125.6 Can Cause You to Lose Your Contract in a Bid Protest or Expose You to Criminal Liability in a Procurement Fraud Case. Theodore P. Watson, Esq Given the new SBA small business set aside subcontracting rules, small businesses must pay special attention to the… Read more »
Given the new SBA regulations that address affiliation and whether the subcontractor was similarly situated, prime contractors can still find out the painful results if they do not adequately prepare their proposals and apply the legal standards. In the case of SIZE APPEAL OF The Frontline Group, SBA OHA made… Read more »