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​The Small Business Blog

TIPS * UPDATES * INDUSTRY NEWS

8(a) Certification: Should You Be Concerned If You Derive More than 70 Percent Of Your Revenue From a Single Source?

9/7/2017

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When it comes to 8(a) certification, in short, yes you should be concerned if your company earns more than 70% of its revenue from a single client or source (commercial).  As part of the 8(a) application, applicants must provide a list of the company's contracts over the previous 12 months, including the following information: award date, customer name, description of work, dollar value and applicable NAICS code.  In some cases, during the back and forth process with the SBA that is inherent in the 8(a) application process, the SBA will request contract information for the previous 3 years.

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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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SBA OHA's Recent Decision Clarifies Relevant Time for Determining Ostensible Subcontractor Affiliation & The Significance Of Knowing a Contract's Primary & Vital Requirements

11/28/2016

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On October 12, 2016, the SBA Office of Hearings & Appeals (OHA) issued a decision in the matter of:  Size Appeal of: Greener Construction Services, Inc.  This appeal arose out of the SBA's size determination which concluded that Greener Construction Services, Inc. ("Greener Construction") is affiliated with its subcontractor EnviroSolutions, Inc. ("ESI") under the ostensible subcontractor rule and is therefore not a small business under the applicable size standard.
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SBA OHA lacks Jurisdiction to Determine "unfair competitive advantage" for purposes of affiliation determination for entity-owned firms

8/20/2016

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On July 28, 2016, the SBA Office of Hearings and Appeals (OHA) issued a decision in the matter of:  Size Appeal of: The Emergence Group.  This appeal arose out of The Emergence Group's (Appellant) size protest of Olgoonik Federal, LLC (OF), the awardee of a contract for professional, administrative and support services with the Department of State.  

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Affiliation:  Minority Ownership In Another Company Can Lead To Common Ownership Affiliation

2/15/2016

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On January 13, 2016, the SBA's Office of Hearings and Appeals (OHA) issued a decision in the Matter of:  Size Appeal of Government Contracting Resources, Inc.  This appeal, filed by Government Contracting Resources, Inc. (GCR) arose out of a size protest filed by two unsuccessful offerors and the subsequent size determination that GCI was not a small business due to its affiliation with Valley Indemnity, LTD. (Valley).

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Affiliation:  Common Ownership in 8 Firms Leads to Finding of Affiliation Based on Common Investment Afffiliation

2/14/2016

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On December 23, 2015, the SBA's Office of Hearings and Appeals (OHA) issued a decision in the Matter of:  Size Appeal of Tenax Aerospace, LLC. (Tenax)  This appeal, fiiled by Tenax Aerospace, LLC, arose out of a size protest filed by Flight Support, Inc. (FSI) (an unsuccessful offeror) and subsequent size determination by SBA that Tenax was not an eligible small business for purposes of the procurement at issue.
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Affiliation:  Hiring Subcontractor's Project Manager Does Not Violate the Ostensible Contractor Rule

12/5/2015

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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.

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SBA OHA Case:  No Economic Dependence Affiliation for ANC Subsidiary and Large Business 

8/31/2015

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On July 10, 2015, the SBA's Office of Hearings and Appeals (OHA) issued a decision in the matter of Size Appeal of: Olgoonik Solutions, LLC, SBA No. SIZ-5669.  This appeal resulted from a size determination issued by the SBA Area Office as part of Olgoonik Solutions, LLC's (Olgoonik Solutions) 8(a) Business Development Program application that Olgoonik Solutions was other than small due to affiliation with Stanley Convergent Security Solutions, Inc. (Stanley)

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