SBA OHA Has No Jurisdiction to Hear VA SDVOSB Status Appeals

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 »

Avoid Costly SDVOSB Joint Venture Mistakes

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 »

SBA Negative Control Definition 13 CFR 121.103

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 »

Mergers and Acquisitions of Federal Contractors

After federal contractors acquire government contracts, some of them seek an exit strategy structuring a merger and acquisition of the company. However, when compared to the traditional commercial practice, when there are existing government contracts involved, buyers and sellers should beware. If you are contemplating joining your company with a… Read more »

Small Business Mergers and Acquisitions

Avoid the Wrath of the SBA’s Present Effect Rule Many government small businesses make the huge step of merging with other companies for viable business reasons. However, when considering small business mergers and acquisitions impact, the  SBA’s “present effect” rule, the SBA considers agreements to merge (including agreements in principle) as… Read more »

Difference Between Teaming Agreement vs Joint Ventures

The subtle difference between using a contractor teaming agreement vs joint venture is that a teaming contract essentially identifies the prime contractor and subcontractor relationship and discusses the roles of each to the government during the bidding and evaluation process.  by contrast, in a joint venture (JV) arrangement, the entity… Read more »

SBA Size Appeal and Determinations of Common Management and Control

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 »