I’m proud to announce that the new GovCon Handbook Procedures & Pitfalls of Size Protests & Appeals is now available! This video highlights some of the main topics from the book.
I’m pleased to announce that my forthcoming Koprince Law LLC GovCon Handbook, entitled Procedures and Pitfalls of Size Protests and Appeals, will be published through Amazon on July 28! In addition, I’ll be hosting an accompanying webinar through Koprince Law on August 5.
If you’ve had questions about size protests and appeals, and how to prepare for them, this is the book for you. It will cover the basic (and advanced) strategies and tips that will help your company put itself in the best possible position to file or respond to a size protest. It will also delve into the size appeal process and help you prepare for a size appeal or to respond to one. Be sure to mark your calendars and stay tuned for more details!
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 video below and the rest of this post for additional details.Continue reading
To calculate a company’s size under a receipts-based NAICS code, the SBA will add the company’s total income to its costs of goods sold, as those amounts are reported on its tax returns. In fact, the SBA’s regulations are clear that it must use these reported amounts to determine a company’s size status.
What happens, then, when a company’s taxes show “income” that might not really reflect money in the company’s accounts? The SBA’s Office of Hearings and Appeals recently considered this question, and affirmed a company’s ineligibility based on the income reported in its tax returns.Continue reading
Government contractors often assume that a foreign-owned company cannot qualify as a small business under the SBA’s government contracting size rules.
Not so. As demonstrated by a recent SBA Office of Hearings and Appeals size appeal decision, a foreign-owned entity can qualify as a small business, provided that it has a physical location in the United States and contributes to the U.S. economy.
When you hear “15 days,” what’s the first thing that comes to mind? Perhaps, you pay your employees every 15 days. Maybe your birthday or favorite holiday happens to be in 15 days. Or if you’re like me, you might think that 15 days is two days fewer than Thirteen Days, a great movie about the Cuban Missile Crisis.
Whatever your brain conjures up, don’t forget this: 15 days is the time limit to appeal an SBA size determination. Period. And nothing the contracting officer says can change it.
Generally, a size protest must be filed within five business days of when the protester receives notice of the identity of the awardee. But there are some nuances to this rule, such as whether a corrective action will extend the deadline and whether the clock starts running upon notice of the prospective awardee or the actual contract award date (Hint: notice of awardee).
But when does the 5-day protest period start to run in the context of a Blanket Purchase Agreement issued under a GSA Schedule contract? A recent SBA Office of Hearings and Appeals decision is a reminder that the award of a BPA does not trigger a new 5-day period to file a size protest.