Small Business Set Aside GAO Protest Decisions FAR 19.502

Although congressional mandates show an increase in 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 to… 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 »

Limitation on Subcontracting and Small Businesses

 Government Contracts for Small Businesses FAR 52.219-14 Small businesses find themselves making disastrous mistakes when they use a teaming partner or named subcontractor when bidding on federal government contracts. Competitors are aware of the rules and their challenge can cause you to lose the contract to a small business size… 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 »

SBA Small Business Size Protest Process SBA Form 355

What happens after 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 Form 355 or… Read more »

Small Businesses Government Contracts and Their Fair Share

Are Small Businesses Getting Their Fair Share of Government Contracts Unfortunately, they don’t. The real question is why not? There is some analysis to this unfortunate fact about small business government contracts. First, large projects appear to be out of the reach of small businesses – or so they think…. Read more »

Tips on How to Avoid SBA Small Business Size Protests

An SBA size protest occurs when your competition challenges your small business size standard after award of a government contract. There are a few things that small business can do to avoid an SBA size protest. They include: Making sure that teaming  partners or subcontractor does not perform the primary… Read more »