On August 23, 2014, the "Presumed Loss Rule" went into effect. This rule was issued as part of the SBA's June 2013 Final Rule implementing provisions of the Small Business Jobs Act of 2010. Essentially, the rule creates a rebuttable presumption with respect to a firm's willful misrepresentation of size or status in order to receive a contract (subcontract, grant or cooperative agreement) that has been set-aside for small businesses. In such a case, the loss to the government is "presumed" to be the total amount expended by the government on the contract.
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SBA OHA's Recent Decision Clarifies Relevant Time for Determining Ostensible Subcontractor Affiliation & The Significance Of Knowing a Contract's Primary & Vital Requirements
SBA Issues Final Rule Implementing Provisions of the 2013 NDAA Pertaining to Limits on Subcontracting
On May 31, 2016, the Small Business Administration issued a Final Rule implementing provisions of the 2013 National Defense Authorization Act, which pertain to performance requirements applicable to small business subcontracting, affiliation and joint ventures. Holomua Consulting Group submitted comments in response to the Proposed Rule and we are pleased to note that many of our comments were taken into consideration and our suggestions reflected in the Final Rule. The Final Rule takes effect on June 30, 2016. The following is a summary of the major points of the Final Rule.
Busy Employee's Failure to Respond to SBA Size Protest Results In Issuance of Adverse Size Determination
Affiliation: Common Ownership in 8 Firms Leads to Finding of Affiliation Based on Common Investment Afffiliation
On October 29, 2015, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a decision in the Size Appeal of: Giacare and Medtrust JV, LLC, SBA No. SIZ-5690. The appeal, filed by GiaCare and Medtrust JV, LLC (an unsuccessful offeror) arose from a size determination which concluded that Global Dynamics, LLC (GDL) was not affiliated with its subcontractor, OMV Medical, Inc. (OMV) and was therefore a small business.
GAO Report on Defense Cybersecurity: Opportunities Exist for DOD To Share Cybersecurity Resources with Small Businesses