Under SBA size appeal regulations, concerns are affiliated when one has the power to control the other, or when a third party has the power to control both. 13 CFR121.103(a)(1). If you own 50% or more of a concern, then there is strong chance that an SBA OHA Size appeal… Read more »
It is common practice in federal government proposal writing process for you to meet FAR small business subcontracting plan requirements (FAR 52.219-9)or, in the most recent cases, small business participation plans. The question is how do you write one that withstands bid protest scrutiny or potentially gets higher scores than your… Read more »
Theodore P. Watson, Esq. When it comes to the famous limitations on subcontracting rules under FAR 52.219 and 13 CFR 125.6, small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Many companies lose federal contracts due to… Read more »
The SBA Ostensible Subcontractor Rule is a potent sword used to extinguish contract awards to government contractors. Small businesses must be extremely careful when submitting proposals that intend to use incumbent employees. This can be fertile ground for an SBA size appeal under the Ostensible Subcontractor Rule. The SBA Ostensible… Read more »
When you are faced with a SBA size appeal and small business size standard determination based upon affiliation and common ownership, small businesses must be very careful when forming spin- off companies and where there are corresponding majority and minority ownership interest in both companies. When there are substantial amounts… Read more »
What happens after Small Business Administration (SBA) receives a small business size standard protest or request for a formal size determination? Knowing the key points of a size protest can help a company to be responsive and not lose out on a possible victory by failing to adequately complete the… Read more »
By: Theodore P. Watson.The Ostensible Subcontractor Rule creates a dangerous situation for small businesses when bidding on federal government contracts. It usually comes about when the competition files an Small Business Administration (SBA) size protest and claims that you, as the awardee and prime contractor, are unusually reliant on the… Read more »
Are Small Businesses Getting Their Fair Share of Government Contracts Unfortunately, they don’t. The real question is why not? There is some analysis to this unfortunate fact about small business government contracts. First, large projects appear to be out of the reach of small businesses – or so they think…. Read more »
Avoid Mistakes in Bid Protests Federal government contractors often have many questions about the Ostensible Contractor Rule and how it can impact the award of the contract. The bottom line is that if you are submitting government proposals as a small business, you want to stay away from the possibility… Read more »
Beware of an Improperly Drafted Government Contractor Teaming Arrangement Using a Small business contractor teaming agreement is becoming a hot topic with small business set aside awards. The SBA’s new rules about affiliation do not help matters much. However, there are some benefits to properly structuring contractor teaming arrangements and… Read more »