There is still great confusion between small businesses about 8a sole source and 8a set aside contracts versus HUBZone contracts set-aside requirements. 8a set asides are a powerful tool for agencies to achieve small business and small disadvantaged business contracting goals. When challenging the agency’s decision, contractors should beware of the… Read more »
In government contracts, the subtle difference between using a contractor teaming agreement vs joint venture agreement is that a teaming contract essentially identifies the prime contractor and subcontractor relationship and discusses the roles of each to the government during the bidding and evaluation process. by contrast, in a joint venture… Read more »
Under SBA small business regulations, the ostensible subcontractor rule requires that when a subcontractor is actually performing the primary and vital contract 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. The rule’s purpose… Read more »
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 »
Information for Colorado Employers that Can Minimize Litigation National origin discrimination in the workplace, under Colorado discrimination laws, occurs when employers treat applicants or employees unfavorably because of factors such as ethnicity, national origin, accent, or even if the employer perceived them to be of a certain national original regardless of whether… 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 »
Often times, small businesses enter into family relationships that can impact the SBA Size standards application. When competitors challenge a government contract award in an SBA size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules can find… 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 size determination protests and disputes about the Ostensible Subcontractor Rule are continuously litigated. Many companies are still unclear about how the SBA evaluates the various aspects of the relationship between participating firms. Simply choosing to submit a teaming partner or subcontractor in your bid is not the end of… Read more »