Possible relief to named subcontractors in government bids: Under the new SBA regulations, there seems to be some relief to small businesses that are named as subcontractors and teaming partners but are never used on the contract. This seems to be an increasing problem across the United States. In previous… Read more »
By virtue of congressional mandates, and under the National Defense Authorization Act (NDAA), the Small Business Administration regulations (SBA) has made recent changes to various affiliation rules that regulate small business contracts including those set aside for designated SBA programs and the limitation on subcontracting. The highlights include mention of… Read more »
The SBA adopted new rules and revised 13 CFR 126.200(b)(6). HUBZ Ones small businesses must still comply with the required subcontracting requirements in the performance work statement. In other words, the company must certify in its bid that it will company with the limitation on subcontracting requirements with respect to… Read more »
Caution: Violations of the Ostensible Contractor Rule Result in Lost Contracts Given the new SBA subcontractor rules and regulations, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new SBA affiliation rules relax the possibility of becoming affiliated, the Ostensible Subcontractor Rule… Read more »
Not understanding the rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protest. Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation… 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 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 »