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 »
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 »
To better understand what is a mentor under the SBA All Small Mentor Protege Program (ASMPP), it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Program is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR… Read more »
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 »
Knowing what is the difference between LLC and Corp Can Mean Less Liability When You Comply with the Rules. When forming a new business, you might wonder what is the difference between a limited liability company, LLC vs Corporation. What does LLC stand for in business terms? In Colorado, and in… Read more »
Understanding the specific roles at the agency level and what the Small Business Administration SBA must do when evaluating your proposal for a Government Certificate of Competency (COC) and responsibility can save you the contract. What is the Small Business Certificate of Competency Program? In defense contracting, a Certificate of… Read more »
Be aware of the various legal nuances that can cost you the contract. Independent Government Contractor agreements in federal contracting have vastly different legal issues. Not only do the parties have to very careful at the bidding stages; they also have regulated approaches to subcontracts during the performance stage.Government contracts should… Read more »
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 »
Applying contractor teaming agreement best practices can create a great tool to “get your foot in the door” in Federal government contracting. As best practices for small business success in government contracting, they are vital when bidding for substantially large contracts, such as federal government agency projects. However, federal contractors should… Read more »
Small businesses considering submitting a joint venture for federal government contracts must be aware of certain legal landmines when bidding. The most important aspect of using a JV business relationship is to avoid affiliation while making sure that the joint venture agreement meets statutory requirements. Small businesses that are 8(a) certified… Read more »