Under the Newly Organized Concern Rule, when filing or defending an SBA Small Business Size Protest, government contractors must be aware of the nuances and landmines awaiting them. The newly organized concern rule consists of four required elements: (1) the former officers, directors, principal stockholders, managing members, or key… Read more »
Lack of Crucial Technical Proposal Writing Information Can Cost You the Contract Technical proposals that introduce involvement or parent companies will be heavily scrutinized by government contracting agencies. Even when you are proposing larger subcontractors you still have to meet certain proposal inclusions to get a favorable rating. There are… Read more »
Failing to Comply with SBA Joint Venture Definition and Affiliation Rules Can Cost You the Contract. The SBA joint venture definition means two or more businesses joining forces for a profit. The effort is generally targeted to a specific project in federal contracting. In government contracting, the Small Business Administration (SBA)… Read more »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky 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… Read more »
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 »
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 »
When a government contracting agency cancels a contract, you should not directly appeal the Board of Contract Appeals. You must first submit a claim under the Contract Disputes Act (CDA) and then request a final agency decision by the Contracting Officer. Only then does an appeal court have subject matter jurisdiction to… Read more »