I’m pleased to announce that volume 5 of the “Koprince Law LLC GovCon Handbooks” series will be published soon! This GovCon Handbook, entitled Procedures and Pitfalls of Size Protests and Appeals, will be published through Amazon. Check the rest of this post for additional details.
Continue readingCategory Archives: SBA OHA Decisions
Includes decisions of the SBA Office of Hearings and Appeals, including size appeal decisions, service-disabled veteran-owned small business appeal decisions, NAICS code appeal decisions, and women-owned small business appeal decisions.
OHA Remands Area Office’s Conflicting Decision in Concurrent Size and Status Protests
What happens when an SBA area office finds a joint venture compliant with SBA rules in a size protest, but SBA’s Office of Hearings and Appeals says the same agreement fails to meet requirements in a status protest? Let’s find out.
Continue readingSBA, Can a Foreign-Owned Entity Receive a PPP Loan or What?
Well, we thought we had this figured out. Yet here we are a week later and we keep hearing conflicting reports.
The question remains, can a foreign-owned company receive a Paycheck Protection Program loan or not? Let’s try to figure it out.
Continue reading8(a) Social Disadvantage Narratives: What SBA is Looking For
Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program can be tricky. While SBA’s regulations can guide your pen, they are not the only source of helpful information out there.
Let’s take a look at some SBA guidance and recommendations based on SBA’s actual decisions that may increase your chances for success.
Continue readingToo Late for Take-Backs: Ostensible Subcontractor Analysis Won’t Consider Post-Proposal Changes
In Warrior Service Company, LLC, SBA No. SIZ-6046 (Jan. 24, 2020), the SBA reminded small business contractors that it determines whether a contractor has violated the ostensible subcontractor rule as of the date of bid submission; SBA won’t consider any changes that come later.
Continue readingSBA Area Office Double Counted Revenue in Denial of 8(a) Application, Says OHA
SBA sometimes makes mistakes in the 8(a) application process, but the appeals process may be able to remedy those miscues. Recently, an applicant appealed the SBA’s denial of her 8(a) status based on net worth. She argued that the SBA Area Office had double counted the value of her rental property, which automatically disqualified her from being found economically disadvantaged.
SBA’s Office of Hearings and Appeals (OHA) agreed and remanded the denial decision.
Continue readingOHA: Sold Corporate Division Isn’t a Former Affiliate
Affiliation is a dirty word to small business federal government contractors. For good reason: it can turn a small business into a large one and destroy its eligibility for socioeconomic programs and set-aside contracts. Proactive small business contractors, therefore, routinely audit their affiliation risks and, if necessary, take actions to fracture that affiliation.
One of the ways a company might try to fracture affiliation is to sell a division or business line to a third party. Because this division is sold, the company might be tempted to assume that its corresponding revenues are not considered as part of the affiliation analysis (under the former affiliate rule).
A recent OHA decision, however, instructs that a division or line of business does not qualify under the former affiliate rule.
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