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OHA Remands Size Determination Because Area Office Failed to Provide Due...

SBA’s Office of Hearing and Appeals (OHA) recently said that the SBA Area Office should have informed the protested concern of the issues its adverse size determination focused on before ruling against...

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Nonprofit Parent Companies do not Automatically Cause Affiliation for SBA...

The Office of Hearings and Appeals, more commonly referred to as OHA, is tasked with deciding size determination appeals that arise under the Small Business Act of 1958, as well as 13 C.F.R. parts 121...

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SBA to Small Businesses: Be Careful with Ostensible Subcontractors on SBIR...

In a recent decision, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) examined a company that received two Small Business Innovation Research (SBIR) grant awards. The SBA...

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Failure to Send: Protester Loses Size Determination Due to Lack of Response...

In federal procurement law, it is often the case that decisions on protests and other cases come down to tough questions of law that could go either way, requiring the judge to carefully weigh the...

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SBA Turns Spotlight on its Size and Status Protest Process

The Small Business Administration’s (SBA) Office of Inspector General (OIG) recently took a look at SBA’s recent small business size and status protests to determine “whether the SBA had effective...

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OHA: Ill-Defined Joint Venture Agreement and State Law Requirements Means JV...

As readers of SmallGovCon know, SBA interprets its small business joint venture rules very strictly. A small business joint venture must follow all of SBA’s requirements down to the letter, or risk...

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Koprince McCall Pottroff’s GovCon Handbook, SBA Small Business Size and...

We are pleased to announce that the Second Edition of the GovCon Handbook, SBA Small Business Size and Affiliation Rules, is now available!   Is your small business really small? When it comes to...

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OHA: JV Violates Two-Year Rule, Loses Award

The joint venture two-year rule always generates a lot of questions. But it’s an important one for small business joint venture members to understand and comply with. A recent decision from the Small...

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OHA: Respond to SBA Size Determination Questions, or Risk an Adverse Inference

SBA’s size protest rules contain a stick to force companies to respond to SBA as part of size determination. That stick is called the adverse inference rule. The adverse inference rule says that, if...

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Adverse Inference, the Wrong Way to Lose a Size Protest

An adverse inference is a penalty that the Small Business Administration (SBA) can enforce as part of a size protest. During a size protest determination, SBA will ask the protested company lots of...

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