Filing or Intervening SBA Small Business Size Protests

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement that… Read more »

Difference Between Teaming Agreement & Joint Venture Agreement

The subtle difference between using a teaming agreement and a joint venture agreement is that a teaming agreement essentially identifies the prime contractor and subcontractor and discusses the roles of each to the government. In a joint venture arrangement, a third entity is an actual offeror and not the individual… 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 past affiliation between firms had ended well before the date for determining size and that identity of interest analysis did not… Read more »

SBA Small Business Size Protest Family Relationship & Identity of Interest

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 small business size protest, the analysis will usually be conducted under an Identity of Interest and family relationship basis. Companies that do not understand these rules… Read more »

SBA Size Standards Protest Timeliness

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 »

SBA Small Business Size Determination & NAICS Size Standards 13 CFR 121

Although it is relatively easy to qualify, small businesses often find themselves in adverse situations when a competitor challenges their SBA size standards for certain NAICS. The following cases also show that the contracting agency sometimes make huge mistakes when selecting appropriate NAICS Code for a procurement under small business… Read more »

HUBZone Certification & HUBZone Requirements

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 »

Avoid the Adverse Inference Meaning in SBA Size Determinations

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 adverse inference rule will likely be applied if the protestor fails to… Read more »