Author Archives: Annie Birney

Why File: An Appeal of SBA’s 8(a) Program Denial

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The U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (the 8(a) Program) is a popular set-aside program that provides a lot of opportunities for small businesses. In hopes of becoming one of those successful businesses, it is common for a company to invest a lot of time, money, and resources into their 8(a) Program application. When SBA denies their 8(a) application, a company may feel like it was all a waste and accept the loss. Focusing only on the denial alone, the company fails to review SBA’s reason for denial. And what if SBA’s reason was wrong? Well, this post explores the option to challenge a denial of an 8(a) application.

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OHA Says: For a Size Protest, Bring the Receipts or Face Dismissal

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Filing a size protest requires more than just pointing the finger at the protested concern and hoping SBA decides to investigate further. The protest must contain at least some level of specific information that demonstrates why the protested concern is other than small.

SBA regulations, in particular, require that the size protest be “sufficiently specific to provide reasonable notice as to the grounds upon which the protested concern’s size is questioned.” 13 C.F.R. § 121.1007(b). The protest should provide a basis for the belief or allegation. In other words, the protester can’t simply allege a concern is other than small or affiliated without providing specific information to support the claim. SBA warns that a protest lacking “sufficient specificity” will be dismissed.

Now, it doesn’t happen too often, but a recent decision shows that SBA will dismiss protests when it finds the initial support to be lacking.

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Back to Basics: HUBZone Eligibility

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When exploring the world of SBA socioeconomic programs, the Historically Underutilized Business Zone (HUBZone) Program isn’t always the first program on a business’ radar.  One reason for this could be the distinct eligibility requirements an applicant must meet to qualify for HUBZone certification.

This is the only socioeconomic program where SBA requires a company’s principal office and employees to reside in a designated area, i.e., a HUBZone. SBA provides a HUBZone map showing the areas designated as a HUBZone. Keep in mind that this map is reevaluated every five years, so it’s important to stay up-to-date on any updates made to the map.

We have previously covered the basics and overall benefits of the HUBZone Program. Here, we’ll go through the eligibility requirements more in-depth.  

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SBA OHA Says: Claiming Social Disadvantage? Prove it!

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Many individuals who have gone through SBA’s 8(a) Business Development Program (the 8(a) Program) will tell you that the application process is not for the faint of heart. One of the most time-consuming, and often frustrating hurdles of the application is the Social Disadvantage Narrative (or SDN).  

Applicants are asked to revisit painful moments where they experienced discrimination. Sharing these deeply personal experiences is what makes it so upsetting for an applicant when SBA pushes back on their narrative – or worse, when SBA questions the bias, finding “legitimate alternative grounds” for the mistreatment.

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Back to Basics: Interested Parties

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Imagine you’ve submitted a bid for a procurement that you believe your company is a shoo-in for. Nobody comes close to the experience and skills your company brings to the table. A while later, you learn that the new company down the street was awarded the contract. There clearly must be a mistake. The awardee doesn’t have half the experience your company has in this industry. Feeling wronged, you decide to file a bid protest questioning the award at the Government Accountability Office (GAO).

Your lawyer informs you that a bid protest may be dismissed if the protester doesn’t qualify as an interested party. But you were an actual bidder who should have been awarded the contract. Of course you’re an interested party—right?

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ChatGPT is Not Your Lawyer (Even If it Sounds Like One), Recent GAO Case Confirms

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The world of Artificial Intelligence (AI) is a growing topic that many are eager to share their opinions on. There are people excited to witness this advancement of technology and are eager to implement AI programs into their lives and/or businesses to optimize efficiency. Others are uneasy about the advancements of AI, fearing replaceability or changes in the workforce. Or, there are those who have read one too many science fiction novels and believe that this is the beginning of the end.  

A recent decision prompted GAO to weigh in on the use of AI in the realm of federal contracting. Specifically, should companies use AI to draft legal pleadings such as bid protests?

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GovCon FAQs: It’s Been Two Years–Has My Joint Venture Reached the End of the Road?

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The lifespan of a joint venture is a frequently asked question that can be hard to find in SBA’s regulations if you don’t know where to look. Alternatively, people hear about the “two-year rule” and assume that’s the answer. This question comes up frequently because, like many topics in federal contracting, the answer requires some digging into the regulations and specifically the affiliation rules.   

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