After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the...more
Amendments to small-business development program affect joint ventures, the ostensible subcontractor rule, and ownership changes
Numerous changes to the Small Business Administration's (SBA) 8(a) program regulations go...more
At the end of last year, the Small Business Administration Office of Hearings and Appeals (“OHA”) issued a decision that further clarified the “ostensible subcontractor” rule. This rule may result in affiliation when a small...more
A recent bid protest decision confirmed that the ostensible subcontractor rule cannot apply to similarly situated entities. The rule can result in a finding of affiliation if a small business prime contractor is determined to...more