A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates. The recent SBA Office of Hearings and Appeals (OHA) decision in Size Appeal of: Cazador Investments LLC (Appellant), SBA No. SIZ-6048, 2020 WL 897975, discusses one
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Small Business / Socioeconomic Issues
Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them
When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. Despite…
Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size
Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain procurement provisions, such as subcontracting plan requirements and coverage under Federal Cost Accounting Standards (CAS). Prime and higher-tier subcontractors also are incentivized to use…
When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question).
You might think that this could go without saying, but apparently it can’t: If you want to succeed in your dealings with the federal government, you need to timely provide information required by law, particularly when government personnel specifically ask you for it. The recent decision of the SBA’s Office of Hearings and Appeals in…
Regulation Recap: SBA Publishes Proposed Rule Consolidating Mentor Protégé Programs
Lovers of consistency, rejoice! After a few years of administering two separate, yet substantially similar mentor-protégé programs, the Small Business Administration (SBA) has proposed a rulemaking to consolidate the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program. On November 8, 2019, SBA published the Consolidation of Mentor Protégé Programs and Other …