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​The Small Business Blog

TIPS * UPDATES * INDUSTRY NEWS

Am I eligible for the Disadvantaged Business Enterprise (DBE) program?

3/16/2017

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​The DBE program assists small businesses with gaining access to Federally funded transportation contracts.  It is another great small business program that seeks to ensure small businesses are able to succeed in government contracting.
 
Your business must meet a number of eligibility requirements to qualify for the DBE program.  Here’s a breakdown of these requirements:

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What Are The Advantages and Disadvantages of An SBA 8a Joint Venture?

3/7/2017

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One of the benefits of being an SBA 8(a) Business Development Program participant is the ability to enter into an 8(a) Joint Venture with another company (or possibly companies) to pursue 8(a) contracts.   Many 8(a) companies come to us and tell us that they want to do a joint venture (JV) with another company, and after speaking with them, it becomes clear they don't necessarily have a good understanding of what a JV is and what the implications are for their company.  This blog post will provide a general overview of 8(a) JVs, including some of the advantages and disadvantages.

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What Is The DBE Program?

3/7/2017

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The Disadvantaged Business Enterprise Program (DBE) is a legislatively mandated U.S. Department of Transportation (DOT) program that applies to federally-funded/assisted contracts issued by DOT recipients such as State Transportation Agencies.  The DBE program was established in order to:  (1) ensure nondiscrimination in the award of and administration of DOT-assisted contracts; (2) help remove barriers to the participation of DBEs in DOT-assisted contracts; and (3) assist the development of firms that can compete successfully in the marketplace outside of the DBE program.

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How The SBA's Presumed Loss Rule Impacts All Small Businesses, Including 8(a) Firms

3/2/2017

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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 Case Reminds Us That Familial Relationships Can Impact Small Business Size Status 

3/2/2017

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On February 13, 2017, the SBA Office of Hearings and Appeals (OHA) issued a decision in the matter of: Size Appeal of Prosol Associates, LLC, Appellant. Appellant was named the apparent awardee of a contract for IT training with the marine Corps Systems Command (MCSC).  In response, an unsuccessful offeror filed a size protest alleging affiliation with ProSol, LLC (Prosol) based on an identity of interest, the newly organized concern rule, and totality of the circumstances.  This appeal arose out of the SBA Area Office's size determination that Appellant was not a small business under the applicable $15 million size standard due to its affiliation with ProSol based on identity of interest (based on familial relationship between father and son).

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