In most size and status protests, SBA’s Office of Hearings and Appeals (OHA) will determine an offeror’s eligibility for a procurement as of the date of initial offer including price for that procurement. Indeed, with regards to SDVOSBs and VOSBs specifically, 13 C.F.R § 134.1003(e)(1) states that “[i]f the VOSB or SDVOSB status protest pertains to a procurement, the Judge will determine a protested concern’s eligibility as a VOSB or SDVOSB as of the date of its initial offer or response which includes price for a competitively awarded VOSB/SDVOSB contract, order, or agreement, and as of the date of award for any sole source VOSB or SDVOSB award.” But there is an important exception to this rule (something another company found out regarding its mentor-protégé joint venture recently) in that very clause, and, recently, OHA pointed this out in a GSA-led protest of an SDVOSB joint venture (VSBC-459-P, January 15, 2026). Today, we’ll look at that decision.
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Why File: An Appeal of an 8(a) Program Termination
In a previous blog post, Why File: An Appeal of SBA’s 8(a) Program Denial, we covered the process for appealing SBA’s denial of admission into the 8(a) Business Development Program (AKA 8(a) Program). We discussed what happens when a business is stopped at the door – denied entry altogether in the program. But what happens when a concern already admitted into the 8(a) Program is terminated by SBA? Here, we will touch on the arguably more consequential scenario of an 8(a) Program participant’s termination from the program. Specifically, the termination process, timing considerations, and OHA’s scope of review.
Continue readingOHA Finds Totality of the Circumstances Affiliation Based on Loans and Close Oversight of Operations
Long-time SmallGovCon readers are probably aware of the thorny issues presented by an SBA finding of affiliation. When set aside contracts are dependent on a small business size status, an allegation of affiliation with a large business can be a crisis for a small business contractor. SBA’s affiliation doctrine is large and complex (so much so that we have an entire handbook dedicated to the subject). But there is one catch-all affiliation provision that is perhaps the murkiest area of all, meaning the hardest to predict). If SBA does not find affiliation based on things like common ownership or common management (relatively straightforward concepts), it can nonetheless find affiliation based on “the totality of the circumstances.”
A recent OHA decision found affiliation based on totality of the circumstances, in part based on loans causing economic dependence, heavy reliance on infrastructure of an affiliate, and involvement in banking and operations.
Continue readingSBA’s SDVOSB Warning: Spell Out Veteran Control in Business Documents and Minutes
It is quite common for businesses in the private sector to share control and duties among many executives or individuals. However, as many who have looked into SBA socioeconomic certifications have found out, to gain certification in a set-aside program, basically all control needs to reside with one individual. Recently, the SBA’s Office of Hearings and Appeals (OHA) reviewed a SDVOSB recertification denial, and provided a reminder to contractors interested in the SDVOSB and VOSB program that the veteran must be the sole individual in control.
Continue readingWhy File: An Appeal of SBA’s 8(a) Program Denial
The U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (the 8(a) Program) is a popular set-aside program that provides a lot of opportunities for small businesses. In hopes of becoming one of those successful businesses, it is common for a company to invest a lot of time, money, and resources into their 8(a) Program application. When SBA denies their 8(a) application, a company may feel like it was all a waste and accept the loss. Focusing only on the denial alone, the company fails to review SBA’s reason for denial. And what if SBA’s reason was wrong? Well, this post explores the option to challenge a denial of an 8(a) application.
Continue readingSBA Reminder: Ensure all Joint Venture Requirements are Met to have a Successful JV
Joint ventures pursuing a contract under any of the SBA’s socioeconomic programs (Woman-Owned Small Business Program, Service-Disabled Veteran-Owned Small Business Program, 8(a) Program, and HUBZone) all have requirements beyond the general requirements that a non-joint venture prime contractor must meet to be eligible for those types of set-asides. The joint venture must be considered small, which may take into account the size of both venturers, and the joint venture agreement itself must contain specific information. But what happens when the regulatory text isn’t exactly clear on how those two requirements fit together? And how are unsuccessful offerors, contracting officers, and the SBA itself supposed to challenge the status of those joint ventures if the regulatory text doesn’t explicitly provide for the means to do so? Read our analysis of the decision in Chenega Base and Logistics Services, LLC to find out!
Continue readingOHA Reminder: Don’t ignore Program Examination Questions from SBA . . . or Else
Most of SBA’s socioeconomic programs (woman-owned small business, veteran-owned small business, HUBZone) have a requirement for the contractor to go through a recertification process, or program examination, every three years. 8(a) Participants have an annual review process, so they are reviewed even more frequently. But between these routine program recertifications, there is a possibility that the SBA will choose to perform an additional program examination to “verify the accuracy” of certification. And, as one SDVOSB firm found out, failing to cooperate with these interim program examinations can lead to decertification—a fate that no small business wants to risk.
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