Category Archives: SBA Size Protests

Govology Webinar: Avoiding Common Bid Protest Mistakes, September 11, 2025

Posted on by

Bid protests are an unavoidable part of federal contracting—and they seem to be happening more often as competition grows. What many contractors don’t realize is that the outcome of a protest is often determined before it’s even filed. Understanding the rules, timelines, and procedures is critical to protecting your company’s chances.

In this focused course, federal government contracting attorneys John Holtz and Gregory Weber will break down the most common mistakes contractors make during the protest process—and how to avoid them.

Key topics include:

  • The difference between bid protests and size/status protests
  • What pre-bid protests are and why they matter
  • Critical deadlines and how debriefs affect them
  • How to get the most from a debrief
  • Frequent pitfalls that can hurt the protest success

Please join us for this informative Govology webinar by registering here.

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

Posted on by

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.

Continue reading →

SBA’s OHA: A Joint Venture Agreement Can’t Step on the Managing Venturer’s Toes

Posted on by

Joint ventures created between a small business protégé and a large mentor are without a doubt a very alluring and popular aspect of the SBA’s Mentor-Protégé Program. It provides an incentive to potential mentors to share their connections, resources, experience, and industry knowledge with small businesses, many of whom are not only small, but participants in one of the various SBA programs such as the 8(a) Program and Woman-Owned Small Business Program, to name a couple. But, as appealing as mentor protégé joint ventures are, a recent decision demonstrates (yet again) there are a number of joint venture requirements that must be met if you want to experience their benefits. And failure to do so can result in some undesirable consequences.

Continue reading →

SBA Defines “Offer” for Purposes of 180-Day Rule After Small Business Acquisition

Posted on by

SBA and the FAR contain rules governing a situation where a small business is purchased by another entity and becomes a large business. SBA has recently updated those rules in a new regulation found at 13 C.F.R. § 125.12. In particular, there is a special scenario where a small business has submitted an offer on a small-business procurement and then is acquired within 180 days after that offer. But how does SBA define an “offer”? A recent SBA decision answers that question.

Continue reading →

Spell it Out for Me: OHA Finds Joint Venture Agreement Compliant When Reviewed with Operating Agreement

Posted on by

When an SBA approved mentor and protégé create a joint venture to pursue contracts set-aside for small businesses, SBA requires the mentor-protégé joint venture agreement to contain the requirements found in 13 C.F.R. § 125.8(b)(2). But how closely does the joint venture agreement have to match the language of these required provisions in order to be found complaint?

In DecisionPoint-Agile Defense JV, LLC, OHA considered whether the language in a joint venture’s operating agreement (OA) can be considered alongside the joint venture agreement (JVA) when determining if a JVA meets all the regulatory requirements.

Continue reading →

Confusion About the Nonmanufacturer Rule: When Does it Apply?

Posted on by

One of the rules we get asked about the most as government contracts attorneys is what’s known as the nonmanufacturer rule, 13 C.F.R. § 121.406 (So much so that we felt it wise to go over the rule in one of our “Back to Basics” posts to help clear some things up). It’s pretty understandable why: It has numerous provisions, exceptions, and requirements that can make it pretty difficult to follow. It also shows up in two different regulations: 13 C.F.R. § 121.406 as mentioned above, as well as FAR 19.505. Unfortunately, this often leads to contractors getting tripped up by the rule, either not realizing it applies where it does or, as we’ll explore here, thinking it applies where it doesn’t. Recently, SBA addressed a size protest that asserted the awardee didn’t meet the requirements of the nonmanufacturer rule, and noted to the unfortunate protestor that the rule didn’t apply for the procurement anyways.

Continue reading →

Another One Bites the Dust: Incomplete Joint Venture Agreement Fails Once Again

Posted on by

Once again, an initial awardee has had its award revoked because of a noncompliant joint venture agreement addendum. We see it happen regularly at SmallGovCon. And the decision in Colt-Sunbelt Rentals JV, LLC is yet another data point highlighting that SBA requires strict adherence to the joint venture agreement requirements in 13 C.F.R. § 125.8. Here, an incomplete joint venture agreement and its addendum resulted in a finding of affiliation which resulted in Colt-Sunbelt losing its small business status for the contract at issue.

Continue reading →