The SBA has made it clear that populated joint ventures will no longer be allowed. This change came about when the SBA issued its final rule about the Mentor Protégé Program. The new unpopulated joint venture rule says that when a joint venture is formed as a separate legal entity… Read more »
In Size Appeal of AeroSage, LLC, SBA No. SIZ-5883 (2018) The SBA Office of Hearings and Appeals (OHA) ruled that the SBA Area Office correctly dismissed the size protest for lack of standing because, by refusing Contracting Officer’s request to extend offer acceptance period, the small business firm had removed… 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, OHA made some… Read more »
Small businesses that are bidding on government contracts must be aware of the risks of hiring management level employees from a competitor or a company where there have been previous relationships. Although the person has left the other company, the SBA’s investigation after a small business size protest is filed… Read more »
Federal government contractors interested in participating in the SBA’s Mentor Protege Program may want to get acquainted the new rules. There some slight twists to the SBA’s new regulations that both mentors and proteges should be familiar with Under 13 CFR 125.9. Although simply put in the regulations, it is… Read more »
HUBZone joint venture rules are very specific and can be complex. The SBA has initiated some new twists to the joint venture regulations that your company should be aware of. Failure to follow them can lead a small business down a serious path that harms the company’s future. The rules… Read more »
Native American contracting still has its ups and downs. SBA OHA is still faced with subcontractor affiliation appeals despite what some may consider easy to understand rules under 13 CFR 121.103. As recently as April 2017, the Small Business Administration (SBA) found Olgoonik Diversified Services, LLC to be affiliated due… Read more »
Why is Affiliation an Important Issue? SBA determines whether an entity qualifies as a small business concern by counting its receipts, employees, or another measure including those of all its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit. 13 CFR 121.103(a)(6). Many small companies have… Read more »
Many small businesses think about getting into the SBA Mentor- Protégé Program. However, as either a mentor or protégé, they must first meet the SBA mentor definition. The program is in place to help small businesses to be able to secure federal government projects with the aid of a business… Read more »
Possible relief to named subcontractors in government bids: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract. This seems to be an increasing problem across the United States. In previous… Read more »