Size Determination

Size Protest Questions Joint Venture

May 8, 2017 Joint Venture Affiliation Exception Isn’t Unlimited, OHA Says Source: SmallGovCon, Matthew Schoonover, May 3, 2017 To encourage joint venturing, the SBA’s size regulations provide a limited exception from affiliation for certain joint venturers: a joint venture qualifies … Continued

SBA’s Size Rules Determined on a Case-by-Case Basis

February 28, 2017 SBA OHA: “Manufacturer” Need Not Create Most Expensive Component Source: SmallGovCon, Matthew Moriarty, February 28, 2017 The SBA Office of Hearings and Appeals reaffirmed recently that a business need not manufacture the most expensive component of an … Continued

Identity of Interest Affiliation Explained

February 27, 2017 Keep an Eye Out for Identity of Interest Affiliation Source: JD Supra Business Advisor, PM Legal Minute, Julia Di Vito, February 17, 2017 Anyone who does business with a small business government contractor will always want to … Continued

Four Key Factors Determine Prime and Subcontractor Affiliations

February 24, 2017 Ostensible Subcontractor Rule: SBA OHA Confirms “Four Key Factors” To Avoid Source: SmallGovCon, Steven Koprince, February 14, 2017 In determining whether a prime contractor and subcontractor are affiliated under the ostensible subcontractor rule, the SBA is supposed … Continued

Foreign Owned Subsidiary May Qualify as Small Business

February 10, 2017 SBA OHA: Foreign Subsidiary Was “Small Business” Source: SmallGovCon, Matthew Schoonover, February 8, 2017 When many people think of small business federal contractors, they probably picture a local business and not a subsidiary of a foreign entity. … Continued

Family Relationships are still a Viable Basis of Affiliation

December 12, 2016 Businesses Controlled By Brothers Were Presumed Affiliated, Says SBA Source: SmallGovCon, Steven Koprince, November 28, 2016 Businesses controlled by brothers were presumed affiliated under the SBA’s affiliation rules. In a recent size determination, the SBA Office of … Continued

Keep SAM Profile Updated

September 15, 2016 SAM Profile Mistake Leads to Possible Lost Contract Source: Fox Rothschild, Nicholas T. Solosky, August 25, 2016 Small business owners have lots of items on their to-do lists.  In addition to actually running the business, there are … Continued

One of SBA’s Affiliation Rules Recently Confirmed

June 15, 2016 SBA OHA Reaffirms 70% Threshold For Economic Dependence Affiliation Source: SmallGovCon, Matthew Schoonover, May 18, 2016 Under the SBA’s affiliation rules, one of the many ways a small business can be deemed affiliated with another is through … Continued