Compliance With SBA Ban on Populated Joint Ventures

The SBA has made it clear that populated joint ventures will no longer be allowed. This change came about when the SBA issued its final rule about the Mentor Protégé Program. The new unpopulated joint venture rule says that when a joint venture is formed as a separate legal entity… Read more »

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 »

SBA COC & Government Certificate of Competency Decisions

Special Rules When Appealing SBA COC & Government Certificate of Competency Decisions The Government Certificate of Competency (SBA 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,… 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 »