//
archives

Office of Hearings and Appeals

This tag is associated with 23 posts

Recent SBA OHA Decision Offers NAICS Code Appeal Guidance

Recently, SBA’s Office of Hearings and Appeals provided some guidelines in discussing the assignment of NAICS codes in the Computer Facilities Management Services, Research and Development, and Engineering Services codes. Continue reading

SBA Affiliation Rules: Owner of One Share (of 120) Controlled Company

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that where 120 owners each held one share of stock in a company, all 120 were presumed to control the company for size purposes. Continue reading

No Competitor Size Protests of 8(a) Sole Source Awards, Says SBA OHA

The SBA’s regulations do not allow an 8(a) company to file a size protest challenging the award of an 8(a) sole source contract to a competitor. Continue reading

SBA CVE Protests and Appeals: Coming October 1, 2018

The SBA will begin hearing protests and appeals related to inclusion in the VA’s SDVOSB/VOSB CVE database on October 1, 2018. Continue reading

SBA OHA Provides Clarity on the Nonmanufacturer Rule

Determining whether a business qualifies—either as the manufacturer or nonmanufacturer—can be a fact-intensive and confusing task. Continue reading

SBA Size Protests: Subsidiary Couldn’t File for Parent

A parent couldn’t file a size appeal on behalf of its subsidiary. Continue reading

SBA Size Appeals: Parent Cannot File for Subsidiary

An SBA size appeal must be filed by someone “adversely affected by a size determination.”  Because parent and subsidiary companies are not directly affected by contracts bid upon by their corporate affiliates, those entities cannot file SBA size appeals on behalf of one another. Continue reading

No Ostensible Subcontractor Affiliation With ANC Parent & Sister Companies, Says SBA OHA

An Alaska Native Corporation subsidiary was not affiliated with its parent company and two sister companies under the ostensible subcontractor affiliation rule Continue reading

No NAICS Code Appeals Of Presolicitations, SBA OHA Confirms

A NAICS code appeal can be a powerful vehicle for influencing the competitive landscape of an acquisition. Continue reading

Joint Venture Affiliation Exception Isn’t Unlimited, OHA Says

To encourage joint venturing, the SBA’s size regulations provide a limited exception from affiliation for certain joint venturers Continue reading