When the SBA evaluates a size protest, it is not required to investigate issues outside of those raised in the size protest itself.
A recent decision of the SBA Office of Hearings and Appeals demonstrates the importance of submitting a thorough initial size protest–and confirms that the SBA need not investigate issues outside of the allegations raised in the protest.
The 8(a) Program has survived a major challenge to its constitutionality–but the legal battle over the 8(a) Program’s future may well continue.
On Friday, a two-judge majority of the U.S. Court of Appeals for the D.C. Circuit held that the statute that creates the 8(a) Program is not unconstitutional. While the D.C. Circuit’s decision is a big win for proponents of the 8(a) Program, the limited scope of the ruling–and a sharp dissent from that ruling–signal that the fight over the future of the 8(a) Program may not be over.
Small businesses will be able to joint venture with one another more often under a new SBA rule.
As part of a recent major rulemaking, the SBA will allow two or more small businesses to joint venture for any procurement without being affiliated with regard to the performance of that requirement.
The WOSB Program, 8(a) Program, and SBA affiliation rules were all on the agenda during my interview today with government contracts guru Mark Amtower on his popular radio show, Amtower Off-Center.
If you weren’t able to catch the show live, just click here to listen or download the audio from Federal News Radio. And be sure to tune in every week as Mark talks government contracts with movers and shakers from industry and government alike.
A contractor’s “frantically busy” employee, who was listed as the firm’s contact in SAM, skimmed through an email from the SBA containing a size protest, and took no action to respond.
In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the SBA had properly issued an adverse size determination against the contractor in question after receiving no reply to the size protest–and the fact that the employee who received it was “frantically busy” was no excuse.
I suppose it was bound to happen to us, just like it happens to bloggers everywhere: someone is stealing our SmallGovCon blog posts and republishing them as their own, without our permission (and without any attribution).
I was very upset and angered to discover today that a company called Vindai Corporation is publishing all of our SmallGovCon posts on its own website. Vindai not only lacks permission to republish our work, but is posting our work without any author attributions–which makes it look as though Vindai itself has authored all of these SmallGovCon posts. Whoever is responsible for Vindai’s website is either very negligent or very sleazy. Or maybe both.
I have demanded that Vindai immediately remove our work from its website. In the meantime, Vindai, if you’re reading this (and I’m sure you are, since you’ve been busy stealing the rest of our posts): you have my express permission to republish this post only on your website. I’m sure your readers will find it informative.
A year after Congress surprisingly eliminated WOSB self-certification, the SBA is asking for public comment on how to certify WOSBs.
In a notice published today, the SBA states that it intends to draft regulations to address the statutory change, but “seeks to understand what the public believes is the most appropriate way to structure a WOSB/EDWOSB certification program.”