Small Business Wins Contract Despite “Unacceptable” Key Personnel Score

A small business received an “unacceptable” score for its key personnel, but nevertheless was awarded the contract after the matter was referred to the SBA under the Certificate of Competency procedures.

A recent decision by the U.S. Court of Federal Claims demonstrates the breadth and power of the so-called “COC” process, which can allow an otherwise “unacceptable” business to wind up in the winner’s circle.

Continue reading…

HUBZone Program: Court Decision Highlights “Fracture” Policy

The SBA will not aggregate a HUBZone applicant’s employees with the employees of the applicant’s affiliates for purposes of determining compliance with the “35% rule,” but only if the SBA determines that there is a “clear line of fracture” between the HUBZone applicant and its affiliates.

A recent decision by the U.S. Court of Federal Claims highlights an important SBA policy, which isn’t codified in the SBA’s regulations but can have a tremendous impact on HUBZone Program eligibility.

Continue reading…

8(a) Program Participation Down 34% Since 2010

Participation in the SBA’s 8(a) Program has declined from about 7,000 firms in 2010 to only around 4,500 today–a sharp drop of approximately 34% in only six years.

These startling numbers come from a recent SBA Office of Inspector General report, which focuses on whether the SBA properly documented the reasons for admitting certain 8(a) participants.  While that matter is interesting in its own right, the most revealing part of the SBA OIG report is the rapid decline in 8(a) Program participation, and the SBA’s plans to reverse it.

Continue reading…

SmallGovCon Week In Review: April 4 – 8, 2016

For me, the theme this week has been “rock stars.”  I began the week with my friends at APTAC–the rock stars of procurement counseling.  And last night, I enjoyed 3 1/2 hours of the rock stars of, well, rock stars, as Bruce Springsteen and the E Street Band played the Sprint Center in Kansas City.

Even as the refrain from “Badlands” keeps running through my head (not a bad thing!) I haven’t forgotten that it’s Friday–and that means it’s time for the SmallGovCon Week In Review.  In this week’s edition, Samantha Bee offers a pointed but humorous take on the pace of progress for WOSBs, a contractor is accused of SDVOSB fraud in a $23 million case, the SBA is proposing to consolidate the SBIR and STTR Policy Directives, and much more.

Continue reading…

Bias And Bid Protests: GAO Rejects Gender Bias Allegation

A woman-owned firm’s introduction of generalized evidence of discrimination against women in the fields of architecture and engineering was insufficient to demonstrate that the Navy discriminated against the woman-owned business with respect to a particular federal opportunity.

A recent GAO bid protest decision highlights how difficult it is to successfully demonstrate bias by government officials–even in a case where statistical evidence suggests that bias may be prevalent in a specific industry.

Continue reading…

Family Members’ Joint Involvement In Third Company Created Affiliation, Says SBA OHA

A self-certified small business was found affiliated with a company owned by the business owner’s father, even though the son’s company had no meaningful business relationship with the father’s company.

In a recent size appeal decision, the SBA Office of Hearings and Appeals found that the self-certified small business had not rebutted the presumption of affiliation with the father’s company because the father and son were jointly involved in a third business, and thus could not establish that their personal business interests were separate.

Continue reading…