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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

Past Performance Upgrade for Small Businesses Results in Additional Compliance Requirement for Large Contractors

A newly published Small Business Administration Final Rule provides small businesses with two new ways to satisfy Past Performance requirements when competing for federal prime contracts. The Rule takes effect on August 22,...more

Contractor Alert: Mandatory WOSB Certification Deadline Pending

The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB). Starting now and continuing through October 15, 2020, federal contractors that want to...more

SBA Adjusts Size Standards Based On Inflation

For the first time since 2014, the Small Business Administration (SBA) adjusted size standards for small businesses to keep pace with inflation. Initially posted by the SBA for public comment back in June, the interim rule...more

Update: SBA Proposes Final Rule For Size Determinations Under The Runway Act

Back in January, I commented on the lack of clarity associated with the the Small Business Runway Extension Act. The Runway Act calls for calculating a business’s size by averaging its annual receipts over the five most...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

Does Your Business Qualify As Small? The Answer Just Got More Complicated

At the end of 2018, the President signed the Small Business Runway Extension Act. Without much fanfare, the Act delivers a major shakeup to the Federal small business community. Before the Act, a business would determine...more

Freedom From Affiliation? Check Your Mentor-Protégé Joint Venture Agreement

One of the primary benefits offered by the Small Business Administration’s (SBA) mentor-protégé programs is the ability to operate outside the normal rules governing affiliation. Generally speaking, SBA allows mentors to...more

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