De Facto Joint Ventures

De Facto Joint Ventures

Thiscase concerns the size appeal of Olgoonik Diversified Services, LLC SBA No. SIZ-5825 (2017) and the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to define what qualifies as a small business.

Avoiding Adverse SBA Size and Status Decisions

Avoiding Adverse SBA Size and Status Decisions

As the value of government contracts increases, so does the likelihood your company, as the winning bidder, will face a size and standard protest from a disappointed bidder. Defending a size and standard protest is at best annoying and, at worst, truly concerning. The process can feel a little (or a lot) like finding yourself a target of a police state investigation: a full-scale review of your business documents, initiated by vague allegations from someone with an ax to grind. You have the burden to prove your innocence, but may not even know the basis of the charges. In many ways, the...

Limitations in Subcontracting Video

Limitations in Subcontracting Video

Introduction I am bringing you the first video blog of the New Year from Whitcomb, Selinsky. Whitcomb, Selinsky, is a veteran owned and operated law firm in Denver Colorado. Our focus is veteran centric. We do a lot of government contract work in our office, so today we're going to be talking specifically on a subject that comes up quite a bit in the context of government contracting, which is referred to commonly as the limitations in subcontracting. That regulation is governed primarily by 13 CFR 125.6, which is under the Small Business Administration regulations. The regulation was...

SBA Issues Proposed Changes to Mentor Protege Program

SBA Issues Proposed Changes to Mentor Protege Program

President Trump wasted no time in issuing executive orders. His first executive order was on the same day he was inaugurated. Ten days later, President Trump issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” designed to reduce regulations as well as the costs associated with them.

Size Protest Dismissal Sustained by SBA's Hearings and Appeals

Size Protest Dismissal Sustained by SBA's Hearings and Appeals

Government contracting can be a lucrative business and when you are a small business the government is compelled to “open the door” for you. Under the Small Business Act, the government must offer contracts to small businesses that qualify (qualifications may vary). That said, the process for winning a government contract can often-times become complicated by businesses posing to be small businesses.

SBA's 8(a) Program Needs Scrutiny

SBA's 8(a) Program Needs Scrutiny

The Small Business Administration(SBA) 8(a) program was the focus of a U.S. House of Representatives Small Business Committee (Committee) hearing on Sept. 18th 2019. The Committee is taking a long overdue examination of the SBA program.

Changes ahead for SBA’s HUBZone program

Changes ahead for SBA’s HUBZone program

Attracting economic development to rural, tribal areas and metropolitan areas plagued with poverty has always been challenging. To address the problem, the Small Business Administration (SBA) HUBZone program was established pursuant to the HUBZone Act of 1997 (HUBZone Act), Title VI of the Small Business Reauthorization Act of 1997, Public Law 105-135, enacted December 2, 1997. The stated purpose of the HUBZone program is to provide for Federal contracting assistance to HUBZone small business concerns. [1]

Size Matters: Ostensible Subcontractor Rule

Size Matters: Ostensible Subcontractor Rule

The Air Force issued an Request For Proposals (RFP) for Linguist and Support Services (LASS) on November 30, 2016, in support of intel operations. The procurement was earmarked as an 8(a) set-aside. The size standard for the NAICS in question was 7.5 million. The contract required the awardee to perform all phases of collecting, interpreting, translating, and performing analysis of mission data: "The contractor shall provide support as language mentors and trainers. The contractor shall furnish the required management, technology and personnel required to provide the requested linguist...

Government Contracts Size Standard Appeal

Government Contracts Size Standard Appeal

Here's another post about a size appeal case involving Veterans Construction Coalition, LLC, SBA No. SIZ-5824 (2017), which involved the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to define what...

Size Standard Determination Appeal: Lost Creek Holdings

Size Standard Determination Appeal: Lost Creek Holdings

This size standard determination appeal case of Lost Creek Holdings, LLC (SBA No. SIZ-5831) concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size determinations and the North American Industry Classification System (NAICS) to define what qualifies as a small business.