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​The Small Business Blog

TIPS * UPDATES * INDUSTRY NEWS

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 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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SBA OHA:  Compliance With Limits on Subcontracting Are Part of Responsibility Determination Not Size Determination

3/14/2016

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On January 19, 2016, the SBA Office of Hearings and Appeals (OHA) issued a decision in the Matter of:  Prosouth Construction Svcs, LLC.   This appeal arose out of Prosouth's size protest against Birmingham Industrial Construction, LLC in conjunction with a construction procurement. In its protest, Prosouth, an unsuccessful offeror, alleged generally that Birmingham was not a small business under the applicable $15 million size standard and questioned whether Birmingham had the ability to self-perform at least 25% of the cost of contract performance, in accordance with the applicable limits on subcontracting.

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Busy Employee's Failure to Respond to SBA Size Protest Results In Issuance of Adverse Size Determination

3/10/2016

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On January 19, 2016, the SBA's Office of Hearings and Appeals (OHA) issued a decision in the Matter of:  Size Appeal of Oxyheal Medical Systems, Inc.  This appeal arose out of the SBA's size determination that Oxyheal was not a small business for the procurement at issue.  The subject procurement was set aside entirely for small businesses under NAICS Code 811219, Other Electronic and Precision Equipment Repair and Maintenance, with a corresponding size standard of $20.5 million.
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