Editor’s Note: You can find our updated post on Affiliation here.
Affiliation might be one of the scariest words to small business government contractors. But why?
Here are five things you should know about affiliation:
Tag Archives: SBA size protests
Reminder: No Ostensible Subcontractor Protests At GAO
The GAO lacks jurisdiction to consider a challenge to a contract awardee’s size status, including questions of whether the awardee is affiliated with its subcontractor under the ostensible subcontractor rule.
In a recent bid protest decision, the GAO confirmed that it will not adjudicate an allegation of ostensible subcontractor affiliation.
PMO Manager Wasn’t “Key Employee” Under SBA Affiliation Regulations
A Program Management Office manager was not a “key employee” within the definition of the SBA’s affiliation regulations, according to the SBA Office of Hearings and Appeals.
In a recent size appeal decision, OHA found that the fact that a small business’s CEO served as another company’s PMO manager did not result in affiliation between the two companies because the individual in question could not control the second company through his PMO manager role.
Offeror With “Relatively Weak Proposal” Can File Size Protest, Says SBA OHA
An offeror with a “relatively weak proposal” can nonetheless file a size protest challenging the small business eligibility of the prospective awardee, provided that the protester was not found technically unacceptable or otherwise incapable of being selected for award.
In a recent size appeal decision, the SBA Office of Hearings and Appeals held that the mere fact that the protester was evaluated as “less than satisfactory” on four out of five non-price factors did not justify dismissing the protester’s size protest for lack of standing.
SBA Size Protests: Investigation Not Required Outside Of Protest Allegations
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.
Small Business Fraud: Guilty Plea In Major SBA Pass-Through Case
A former owner and officer of a large business has pleaded guilty to conspiracy charges stemming from an illegal pass-through scheme.
According to a Department of Justice press release, Thomas Harper not only conspired to evade limitations on subcontracting, but obstructed justice during a SBA size protest investigation of his company’s relationship with a putative small businesses.
GAO Won’t Evaluate Subcontractor’s Small Business Status
GAO ordinarily will not hear any argument that is based on a company’s small business status, even if the alleged large company is only a proposed subcontractor.
In a recent decision, GAO declined to hear a protester’s argument that the awardee’s supposedly-small subcontractors were affiliated with other entities, holding that such a determination is reserved solely for the SBA.