In the recent case of SBA Size Appeal of Medical Comfort Systems, Inc., and B&B Medical Services, Inc., SBA No. SIZ-5640 (2015), OHA found that the Area Office correctly determined that common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »
Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA small business affiliation rules and decisions can surprise you. If you are the awardee you want to be able to offer sound legal arguments why the protestor’s allegations… Read more »
Understanding the joint venture procurement rules when submitting a JV business proposals for government contracts can be very tricky. Although the FAR allows for this type of company-formed relationship, companies submitting a joint venture proposal must be very aware of the underlying affiliation rules that frequently apply. When small businesses enter… Read more »
Although the SBA has new rules addressing joint venture agreements and affiliation, if you have a JV agreement that does not meet the regulatory requirements, your company can still be affiliated and lose the contract. Learn more about the joint venture pros and cons in federal procurement. In federal government contracting,… Read more »
SBA OIG and Other Investigations Agencies Have Stepped Up Procurement Fraud Cases for 8a Government Contracts The Eastern District Court bought the gravel down on two federal contractor executives for SBA 8a small business fraud and abused the Small Business Administration’s (SBA) 8a contracting program to obtain more than $31 million… Read more »
Small businesses continue to use joint ventures as a strategic alliance to get larger government contracts. There are various advantages and disadvantages of forming venture relationships. There are also specific rules that govern these alliances. Yet small businesses continue to lose larger contracts due to increasing amounts of small business size… Read more »
Under federal procurement rules, the small business joint venture definition in government contracting means “an association of individuals and/or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry out no more than three specific or limited-purpose business ventures… Read more »
SBA Common management and identity of interest disputes in size protest cases involve complex SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. The following are pointers derived from the SBA. A basic understanding can help you avoid costly mistakes, such as common management… Read more »
Past performance evaluation of parent companies can sometimes go unnoticed by the government or bidders submitting proposals. There a certain allowances where a contractor can submit, and use past performance write ups of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement… Read more »
When trying to get the benefit of the SBA Mentor Protege Program, there is a Joint Venture affiliation exception that you must be extremely careful about. SBA rules that require 8a companies to get prior approval. This requirement poses substantial problems for small businesses relying on the SBA to approve a… Read more »