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​The Small Business Blog

TIPS * UPDATES * INDUSTRY NEWS

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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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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