SBA Joint Venture Agreement Rules and SBA Approval

Are you complying with Federal Joint Venture Regulations?   Many companies lose out on lucrative SBA joint venture contracts (JV agreement) because they fail to meet the expressed terms of the solicitation requirements and policy of joint agreement relationships. Government Requests for Proposal are sometimes set aside for 8(a) BD program… Read more »

SBA Joint Venture Advantages and Disadvantages (Pros and Cons)

Understand how SBA joint venture pros and cons can impact your federal contract. In government contracting, small businesses often execute generic joint venture agreement templates without clearly understanding the applicable rules and the liability attached.  Although there are many small business joint venture advantages and disadvantages, the real question is… Read more »

Filing or Intervening SBA Small Business Size Protests

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement… Read more »

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 common management and past affiliation between firms had ended well before the date for determining size and that identity of interest… Read more »

SBA Affiliation Definition

Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA 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 of affiliation… 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 write ups of parent companies. However, the starting point is to understand the general legal analysis for affiliation under procurement… Read more »

SBA Affiliation Rules Identity of Interest 13 CFR 121.103

Small Business Administration and SBA affiliation rules regarding identity of interest challenges can be complex and confusing when litigating in a small business size protest case. Governed under 13 CFR 121.103, affiliation in federal procurement and  SBA regulations can be found under a variety of circumstances. For example, a major… Read more »

SBA Mentor Protege Joint Venture Rules 13 CFR 124.513 & 13 CFR 125.9

Failure to Follow SBA Mentor Protege Joint Venture Rules 13 CFR 124.513 and 13 CFR 125.9 Can Cost You the Contract. Get Help Positioning Your Company for GSA’s OASIS UNRESTRICTED Contract Program. The Small Business Administration SBA 8a Mentor Protege Program Joint Venture rules have significant power when applied to… 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 »