SBA OHA Has No Jurisdiction to Hear VA SDVOSB Status Appeals

In December 2015, the Small Business Administration Office of Hearings and Appeals (SBA OHA) decided a case and ruled that it did not have jurisdiction to hear a size appeal of the SBA’ Area Office Size Determination. The procurement was a VA SDVOSB set aside but the protestor had no… Read more »

Protesting SBA Certificate of Competency COC Decisions 13 CFR 125 and FAR 19.6

The SBA agency  Certificate of Competency (COC)  rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. Agency Responsibility Determination –The Rule of Law: The Small Business Act suggest that government contracting agencies should not make a… Read more »

SBA COC & Government Certificate of Competency Bid Protests

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Avoid SDVOSB Joint Venture Mistakes in 13 CFR 125

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture agreement means that you must first qualify as an SDVOSB. Although this seems obvious, there are cases where small businesses submitted government bids with  SDVOSB Joint Venture agreements and lost when challenged by the competition in a… Read more »

What is a Mentor Under SBA Rules 13 CFR 124.520?

 To better understand what is a mentor under the SBA SBA Mentor Protege Program, it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Progam is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR 124.520, a mentor… Read more »

SBA Negative Control Definition

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »

FAR Sole Source Justification Contracts CICA

Small businesses involved in government contracting find themselves excluded from opportunities because of FAR sole source justification contracts . Government contract law allows federal agencies the opportunity award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations.   Do Sole Source Justifications Violate the Competition… Read more »

Government Programs to Help Small Businesses

When it comes to federal contracting, there are several government programs to help small businesses succeed in the procurement market. Despite the high demand for getting into these government programs, there is still a requirement to plan carefully and develop a sound roadmap to become successful. What Are Some of… Read more »

SBA Non Manufacturer Rule

How Does the SBA Non manufacturer Rule, 13 CFR 121.406, Impact Your Small Business Size? The SBA Non Manufacturer Rule has become the topic of litigation for small businesses in the SBA 8a Program.  Under the rule, 13 CFR 121.406, your small business may qualify for a requirement to provide manufactured… Read more »