DOD Small Business Agreement & Government Contract Teaming Agreements

DOD small business agreements and contracts, especially teaming agreement contracts, are commonplace in today’s federal marketplace. Government DOD contracts get larger and more complex. Small companies cannot keep up with the increased resources that it takes to bid for and perform more major federal contracts. As a result, small businesses seek out other… Read more »

SBA Office of Hearings and Appeals SBAOHA Totality of the Circumstances

Subcontractor Totality of the Circumstances Affiliation Test In Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky What the SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases based upon control… Read more »

Total Small Business Set Aside GAO Protest Decisions FAR 19.502

Although congressional mandates show an increase in total small business set aside procurement, filing a bid protest that challenges the contracting agency’s decision to set aside a procurement for small businesses must be approached with extreme care. The ultimate concern under FAR 19.502 is to understand what exactly is the government contracting agency supposed… Read more »

SBA Size Appeal Common Ownership Control

  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 »

Size Appeals and The SBA Ostensible Subcontractor Rule

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 »

SBA Size Appeals – Affiliation & Newly Organized Concern Rule

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 »

Small Business Administration Size Protest Process SBA Form 355

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 a possible victory by failing to adequately complete the SBA… Read more »