SBA Affiliation Rules – Important New Small Business Affiliation 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 Federal Minority Owned Business Certification

In federal government contracting to have a minority owned business enterprise (MBE) can have its advantages. However, there are strict guidelines to follow on how to become a minority owned business. There are also severe consequences for not following SBA minority business certification rules. One example of a minority-owned business enterprise is… 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 »

SBA Negative Control Definition

When making size determinations and affiliation for negative control in small businesses, the SBA not only looks at finding actual control over the protested business but also whether a non-disadvantaged person or entity has the ability to control the firm. The negative control definition and positive control legal analysis can… Read more »