SBA Federal Minority Business Certification & Government Contracts

In federal government contracting to have a minority owned business enterprise (MBE) can have its advantages. However, there are strict guidelines to follow with minority-owned business government contracts. There are also severe consequences for not following SBA federal minority business certification rules. One example of a federal minority-owned business certification… 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 Operating Agreements – What is Negative Control?

Does Your SBA Operating Agreement Comply With the Rules? If Not, You Can Lose Your Contract. When making size determinations and affiliation under the negative control definition for 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… Read more »

SBA Joint Venture Advantages & Disadvantages

Understand how 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 joint venture advantages and disadvantages, the real question is what impact (positive… 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 past affiliation between firms had ended well before the date for determining size and that identity of interest analysis did not… Read more »

SBA Affiliation Meaning & Definition

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 »

SBA Size Protest Family Relationship & Identity of Interest

Often times, small businesses enter into family relationships that can impact the SBA Size standards application. When competitors challenge a government contract award in an SBA size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules can find… Read more »