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 »
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 »
Does Your Teaming Agreement Avoid the SBA Affiliation Definition? You Can be Exposed to Criminal Liability If DOJ Investigates You. Some SBA small business 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… Read more »
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 determination protests and disputes about the Ostensible Subcontractor Rule are continuously litigated. Many companies are still unclear about how the SBA evaluates the various aspects of the relationship between participating firms. Simply choosing to submit a teaming partner or subcontractor in your bid is not the end of… Read more »
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 »
Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their SBA NAICS size standards under 13 CFR Part 121 for certain industries. When an SBA bid protest is filed, the SBA then conducts an investigation and then makes a formal… Read more »
How to Get SBA HUBZone Certified Having SBA HUBZone certification opens many doors for you as a contractor. It is important to understand the requirements that you must fulfill in a proposal submission and what is owed to you by the government in a request for proposal. HUBZone stands for… Read more »
The Area Office (“AO”) has discretion to apply the adverse inference rule once the Small Business Administration (“SBA”) has received a size protest or a request for a formal small business size determination. 13 CFR 121.1008(d); 13 CFR 121.1009(d). The rule will likely be applied if the protestor fails to offer the… Read more »
SBA Common management and identity of interest disputes in size protest cases involve complex SBA affiliation regulations, that if violated can impact your ability to bid on future government contracts. The following are pointers derived from the SBA. A basic understanding can help you avoid costly mistakes, such as common management… Read more »