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).
The Small Business Blog
TIPS * UPDATES * INDUSTRY NEWS
SBA OHA lacks Jurisdiction to Determine "unfair competitive advantage" for purposes of affiliation determination for entity-owned firms
SBA OHA: Compliance With Limits on Subcontracting Are Part of Responsibility Determination Not Size Determination
Busy Employee's Failure to Respond to SBA Size Protest Results In Issuance of Adverse Size Determination