SBA Business Affiliation Meaning & Ostensible Definition

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 »

SBA Issues Important New Small Business Guidance

By virtue of congressional mandates, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various rules that regulate small business contracts including those set aside for designated SBA programs and the limitation on subcontracting. The highlights include mention of similarly… Read more »

Special Rules Appealing SBA Certificate of Competency Decisions

The SBA Certificate of Competency (COC) Program is regulated by the Small Business Act (15 U.S.C. 637(b)(7)). After review of the contracting agency’s referral, the SBA issues a written decision to the contracting officer either certifying or not, that one or more of the small businesses are responsible and meet the… Read more »

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 »