Contractors can sometimes make mistakes when calculating the SBA’s 35% HUBZone employee requirements when bidding for government contracts. 13 CFR 126.601 governs the employee residency requirements for HUBZone certified companies. Failure to comply with the rule can cause companies to lose out on millions in government contract awards. In addition,… Read more »
HUBZone Definition The HUBZone Program (Historically Underutilized Business Zone) is a United States Small Business Administration (SBA) program that provides some level of government contracting preferences for small company owners that operate their principle place of business in a designated consensus track and also provide jobs to employees who live in… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »
National Defense Authorization Act of 2013 and the New Final Rule in 13 CFR 121.404. Are you a small business that has recently sold, merged or been acquired by another entity? New promulgations of the federal rules may impact when you have to recertify your business’s size. SBA determines the… Read more »
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 minority-owned business certification rules. Many people make the mistake of believing that the only… Read more »
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 »
Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture agreement means that you must first qualify as an SDVOSB. Getting the best guidance about the rules can put your company in a strong position even before you bid on a federal contract. Although this seems… Read more »
Does Your SBA Operating Agreement Comply With the Rules Under 13 CFR 121.103? 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… Read more »
Understanding the specific roles at the agency level and what the Small Business Administration SBA must do when evaluating your proposal for a Government Certificate of Competency (COC) and responsibility can save you the contract. What is the Small Business Certificate of Competency Program? In defense contracting, a Certificate of… Read more »