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SBA Protests

Certificates of Competence: What Options Are Available When We Are In Line For Award But Contracting Officer Concerns With Our Responsibility and Eligibility to Perform An Award Must Be Overcome Because We Can Successfully Perform The Contract?

10 February, 2020
As a small business government contractor grows, the pursuit of larger prime contract opportunities is a natural development. However, the Contracting Officer may determine that upon review of a contractor’s responsibility eligibility that a contractor in line for award is not capable of performing the...

Who Must Control An SBA Regulated Joint Venture, Generally, And Are We At Risk of Protest?

7 February, 2020
Generally, there is confusion among industry lawyers, consultants and contractors over which venturer must control a joint venture and to what degree. The cause of the confusion is that while the Small Business Administration (“SBA”) regulations specifically state that the qualifying company of the joint...

Will Our SBA Approved Mentor-Protégé Joint Venture Relationship Be Subject to Size Protests?

7 February, 2020
Generally, a Small Business Administration (“SBA”) approved 8(a) mentor-protégé relationship and approved 8(a) joint venture can creates express exceptions to affiliation review by allowing the mentor to provide enhanced technical, management, financial and other assistance to the protége. The intent is apparently to essentially outsource...

Under What Circumstances Will An 8(a) Joint Venturer’s Failure to Benefit from A Joint Venture Be Subject to a Size Protest?

7 February, 2020
The Small Business Administration (“SBA”) 8(a) joint venture regulations require the qualifying 8(a) joint venture partner lacking capacity to perform prime contract requirements must have an 8(a) joint venture agreement that will provide substantial benefit to that qualifying partner. Meanwhile, the SBA will be inclined...

What If My Joint Venture Expires or Exceeds NAICS Code Size Limitations for A Contract During the Course of Performing An Award?

7 February, 2020
Generally, Small Business Administration regulations specific that the size status of a small business prime contractor concern, including its affiliates, is determined as of the date the of solicitation required proposal submission. Accordingly, the SBA Office of Hearings and Appeals (“OHA”) has held that, under...

Can Our Teaming Agreement Lead to Size Protests?

7 February, 2020
Generally, each of the Small Business Administrations (“SBA”) small business categorization certifications require the respective qualifying owner to unconditionally own 51 percent of the company and to unconditionally control the company. However, often teaming agreements can form a basis for size protest challenges and even...

NAICS Code Appeals Explained

13 January, 2020
The North American Industry Classification System (“NAICS”) assigned to a contract governs the size standard eligibility of a contractor by corresponding revenue or employee limitations. If a contractor exceeds these limitations it will be deemed ineligible for award. Accordingly, it is critical for a contractor...

Small Business Socioeconomic Status Protests

13 January, 2020
The Small Business Administration (“SBA”) and Federal Acquisition Regulations (“FAR”) permit protests of specific socio-economic program statuses (“status protest”) of small business concern classifications by the SBA, an offeror or another interested party.However, 8(a) status for 8(a) competitive contracts must be protested by the Contracting...

Ostensible Subcontractor Affiliation Size Protests

13 January, 2020
The Small Business Administration (“SBA”) regulations provide that where the total circumstances associated with teaming and proposed contract performance involve a small business prime contractors relying too much on one or more subcontractors to perform the primary and vital requirements (specifically, to include violations of...

Small Businesses Must Be Small When It Submits Its Proposal

13 January, 2020
The Small Business Administration (“SBA”) regulations specify, including those applicable to small business joint ventures, basis for assessing size of certified small business categories on the date of proposal submission in view of the applicable North American Industry Classification System (“NAICS”) code assigned to the...

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