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SBA OHA Rejects Unique Ostensible Subcontractor Affiliation Defense

Small business government contractors are (or should be) aware of the SBA’s affiliation rules. In a nutshell, the rules set the standard for whether/when another business controls – or has the ability to control – the small...more

SDVOSB Protests: The Playbook For Proving Ownership And Control

The essential elements of the government’s Service-Disabled Veteran-Owned Small Business (SDVOSB) program are ownership and control of the business by a qualifying service-disabled veteran of the U.S. military. A recent...more

SBA: Ostensible Subcontractor Rule In Play Even Between Two Small Firms

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small...more

SBA Size Update: Strategies For Contesting Affiliation Based On Economic Dependence

Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract. After losing battles at the Small Business Administration (SBA) Area Office and Office of...more

Size Protest Update: Can The SBA Rely On Tax Returns Filed After The Date Of Self-Certification?

The baseline rule for SBA size protests is that a business’s size (for a receipts-based size standard) is determined by looking at the average annual receipts for the last three completed fiscal years. But what if a...more

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