Challenging FAR 52.219 9 Small Business Subcontracting Plan Requirements

Minimize the Chance of Noncompliance and Contract Termination Small Business Subcontracting Plan requirements under FAR 52.219 9 are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Small business sometimes get into trouble because they fail to show good… 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 that… Read more »

Contractor Teaming Agreement vs Joint Venture

The subtle difference between using a contractor teaming agreement vs joint venture agreement is that a teaming contract essentially identifies the prime contractor and subcontractor and discusses the roles of each to the government. In a joint venture arrangement, a third entity is an actual offeror and not the individual… 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 »

National Origin Discrimination in the Workplace — Colorado

Information for Colorado Employers that Can Minimize Litigation National origin discrimination in the workplace, under Colorado discrimination laws, occurs when employers treat applicants or employees unfavorably because of factors such as ethnicity, national origin, accent, or even if the employer perceived them to be of a certain national original regardless of whether… Read more »

SBA Definition for 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 »

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 »

SBA Size Standards Protest Timeliness

Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts.  More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project.   In many situations, because there is confusion about when the… Read more »