Category Archives: SBA Size Protests

SBA OHA: On Second Thought, Managing Venturer Must Still be in Charge of JV

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A few months back, we discussed a case at SBA’s Office of Hearings and Appeals that took a closer look at the actions that a Non-Managing Venturer in a small business joint venture is permitted to have negative control over—that is, those actions which the Non-Managing Venturer’s disapproval can block from happening. It also addressed what happens when a joint venture agreement does not include all of the provisions that the SBA rules require for a mentor-protégé joint venture agreement under the SBA’s Mentor-Protégé Program to avoid affiliation. Following that decision, the matter was brought to the Court of Federal Claims. Below, we discuss Multimedia Environmental Compliance Group JV v. United States, 178 Fed. Cl. 129 (2025) which covers the COFC’s review of the OHA decision. 

That case reaffirmed that just having required control language in a JV isn’t enough, other provisions in the JVA cannot give inordinate control to the Non-Managing Venturer.

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OHA: Size Protest Review Must be More Than a Rubber Stamp

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As Federated Maritime, LLC, SBA SIZ-6360, 2025 demonstrates, an agency’s review of a size protest must be more than just a surface-level review and a rubber stamp. This size appeal started with a disappointed bidder (here, the Appellant) that questioned the relationship between Schuyler Line Navigation Company, LLC (or Awardee), a company that won two cargo charter contracts, and its alleged affiliates. The contracts were 100% set-aside for small businesses under NAICS Code 483111 – Deep Sea Freight Transportation.

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

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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

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

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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.

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

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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.

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

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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.

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