Tag Archives: Small Business Administration

OHA and COFC Agree: Mentor/Protégé JV Agreements Must Be Specific to Avoid Affiliation

Recent decisions by the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) and the Court of Federal Claims offer important advice to anyone in the process of drafting and negotiating a mentor/protégé joint venture agreement:  Be specific.  Those agreements, in many cases, are the crown jewel of the mentor-protégé program enabling mentors and … Continue Reading

SBA OHA: In Three-Factor Test to Determine Small Business Manufacturers, No Single Factor is Determinative

In Size Appeal of NMC/Wollard Inc., SBA No. SIZ-5668, the Small Business Administration Office of Hearings and Appeals (“OHA”) clarified the three factor test used to determine whether a small business qualifies as a manufacturer of the end item being procured.  The decision confirmed that no single factor has greater weight than the others, and … Continue Reading

SBA 8(a) Ruling: Connections Not the Same as Control

The Small Business Administration’s Office of Hearing Appeals (“OHA”) recently issued a ruling affirming the SBA’s termination of a contractor from participation in the 8(a) Business Development Program (“8(a) Program”). Yet the OHA’s opinion in The DESA Group, Inc., SBA No. BDPT-543 (2015), is notable not for this conclusion, but rather for the discussion that … Continue Reading

SBA Seeks Comments on Third-Phase Awards and Data Rights under the Small Business Innovation Research and Technology Transfer Programs

On November 7, 2014, the U.S. Small Business Administration (SBA) issued an Advanced Notice seeking comments on potential revisions to policies governing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs, which facilitate the commercialization of technology through small business entrepreneurship.  The Programs require certain federal agencies to reserve a minimum … Continue Reading

SBA Increases Size Standards for Manufacturing and Various Other Industries

On September 10, 2014, the U.S. Small Business Administration (“SBA”) issued two proposed rules to increase employee-based size standards for manufacturing and various other industries in connection with the agency’s ongoing review of existing size standards.  The SBA has the discretion to establish size standards as a threshold under which firms are eligible to participate … Continue Reading

House introduces the “Reforming Federal Procurement of Information Technology Act”

Rep. Anna G. Eshoo (D-Calif.) recently introduced the Reforming Federal Procurement of Information Technology (“RFP-IT”) Act. This Act is similar in many ways to earlier drafts of the FITARA bill on which we have previously reported, with a few notable differences. Among other things, the RFP-IT Act would: significantly increase the Simplified Acquisition Threshold for … Continue Reading
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