SBA Size Appeal and Determinations of Common Management and Control

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 past affiliation between firms had ended well before the date for determining size and that identity of interest analysis did not… Read more »

SBA Definition of Affiliation

Does Your Teaming Agreement Avoid the SBA Definition of Affiliation? When small businesses become subject to the SBA affiliation definition, there is generally a government bid submitted where there are teaming agreements or joint venture agreement relationships. Having improper relationships can cause companies to lose the contract and income for their… 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 »

Newly Organized Concern Rule & Affiliation Small Business Size Protests

Under the Newly Organized Concern Rule, when filing or defending an SBA Small Business Size Protest, government contractors must be aware of the nuances and landmines awaiting them. The newly organized concern rule consists of four required elements:   (1) the former officers, directors, principal stockholders, managing members, or key… Read more »

Bid Protests & Contractor Teaming Agreement Requirements

How to Avoid Costly Contractor Teaming Agreement Mistakes in a Bid Protest When submitting a government proposal, you may choose to submit a contractor teaming agreement to show evidence of relationships with another subcontractor. Yet, a question arises in a bid protest whether your teaming agreements were sufficiently evaluated by the Source Selection… Read more »

Small Business Certification Requirements

Make Sure that Your Company Meets the Small Business Administration SBA federal definition of small business Or Else You Risk Losing Your Government Contracts Award in a Small Business Size Protest. Meeting the SBA small business certification requirements requires an understanding of compliance laws and penalties for misrepresenting your company as a small… Read more »