SBA Joint Venture Business Definition for Small Contractors

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 »

Avoid the Adverse Inference Meaning in SBA Size Determinations

The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination.  13 CFR 121.1008(d); 13 CFR 121.1009(d).  The adverse inference rule will likely be applied if the protestor fails to… Read more »

Gender Bias in SBA 8a BD Small Business Programs Certification

SBA Does Make Mistakes When Evaluating Gender Bias for 8a BD Small Business Programs To gain entry into the 8a BD Program, a program designed to help small disadvantaged businesses and SBA Minority Owned Business owners compete in the marketplace, the business entity must be unconditionally owned and controlled by one or more… Read more »

SBA Affiliation Definition Identity of Interest

Common Management & Identity of Interest Common management and identity of interest involve complex  SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. Issues commonly arise in size protests or during the initial 8a certification application process.  The following are pointers derived from the SBA. A basic… Read more »

Ostensible Subcontractor Rule: Primary and Vital Contract Requirements

Ostensible Definition Under the government’s Ostensible Subcontractor Rule, subcontractor is defined as ostensible when it is actually performing the primary and vital requirements of the contract, or when the prime contractor is unusually reliant upon the subcontractor, the two firms are affiliated for purposes of the procurement at issue. 13… Read more »

Past Performance Evaluation of Parent Companies And Bid Protests

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 evaluations of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement laws…. Read more »

SBA Affiliation Rules Identity of Interest

SBA affiliation rules and identity of interest challenges can be complex and confusing. A common dispute arises when your competition files an SBA small business size appeal due to identity of interest. As a common practice, SBA affiliation rules should not simply focus on whether the qualified member alone could control the… Read more »