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ACQUISITION & CONTRACTING, FEATURED ARTICLES, Industry News, Op-Ed/Blog, Sponsor/Partner

SBA OHA Explains “Key Employee” for Affiliation

A contractor successfully challenged an adverse size determination that found affiliation under the newly organized concern rule, by establishing that its president and chief executive officer was not a former key employee of its supposed affiliate.

In a recent size appeal decision, the SBA Office of Hearings and Appeals clarified the definition of “key employee” under the newly organized concern rule, by noting that such a former employee’s title was not conclusive—instead, to be a key employee, that person had to have influence or control over the operations of the business as a whole.

Source: SBA OHA Explains “Key Employee” for Affiliation – SmallGovCon

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