The SBA’s ostensible subcontractor rule can be a minefield for small prime contractors, who must be careful to avoid risk factors for affiliation with their large subcontractors.
But not every small prime need worry about ostensible subcontractor affiliation. As a recent SBA Office of Hearings and Appeals decision confirms, the ostensible subcontractor rule does not apply to procurements for manufactured products.
Continue readingGAO recently dismissed a protest to an awardee’s eligibility under the applicable size standard. The protester argued that the agency should have known that the awardee exceeded the nonmanufacturer rule’s 500-employee maximum. After extensive briefing from both parties and from the SBA itself, GAO found that the awardee’s proposal didn’t raise any issues and that it was really up to the SBA to decide the size issues anyway.
Continue readingI’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.
You can order the book here. I’m also conducting a webinar on August 5 to explore some of the key insights. Be sure to check out the webinar or contact me if you have questions.
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!
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 has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.
It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.
Continue readingSo, your company has made it past the first big hurdle and got on a GSA schedule. You see a small business task order pop up that you believe your company would be perfect for, but another company gets the award. Based on information you have heard or read, you believe something fishy may be going on and the awarded company may be a big fish that found its way into the small pond.
But can you timely protest the task order award?
Continue reading