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 small business set aside subcontracting 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 protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… 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 »
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 »
By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. The U.S. Small Business Administration (SBA) NonManufacturer Rule and FAR guidelines have become the topic of litigation for small businesses in the SBA 8a Program. Under the rule, 13 CFR 121.406, your small business may qualify as an eligible offeror… Read more »