Saturday, October 31, 2020

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Protester Missed Deadline to Challenge SDVOSB Status; CVE Protest of Spacewave Inc., SBA No....

SBA’s Office of Hearings and Appeals upheld the dismissal of a protest challenging the awardee’s status as an SDVOSB, finding the protester had filed its challenge nearly a week after the procedural deadline. The protester failed to respond to SBA’s order to show cause why the protest should not be dismissed as untimely, and its […]
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“You’ll Be a Dentist, You Have a Talent for Causing Things Pain”: CO Designates...

Appeal challenging procurement’s NAICS code designation is granted. The contracting officer designated a procurement for dental services under an NAICS code for Outpatient Care. OHA rejected the designation, reasoning that the procurement specifically sought dental services and thus should have been designated under a code for dentists. The National Guard Bureau issued a solicitation seeing […]
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Company Loses SDVOSB Status By Making the Owner’s Wife a Manager and Failing to...

Appeal of a VA decision cancelling company’s status as a service-disabled veteran-owned small business is denied. The company at issue was an LLC. To qualify as an SDVOSB, an LLC must be managed by a service-disabled veteran. Here, the company transferred an ownership share management authority to a non-veteran. What’s more, the company failed to […]
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Despite Multiple, Incestuous Ties, OHA Finds Small Business Not Affiliated with Larger Related Companies;...

SBA Size determination finding that company was a small business is affirmed. The protester alleged that concern at issue was controlled by a creditor who was affiliated with several larger businesses. OHA found that creditor did not control the company. Nothing in the creditor’s promissory note or security agreement gave her control of the business. […]
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Keeping It in the Family: Son’s Plan to Subcontract with Firm Owned by His...

Company’s appeal of a size determination finding that it was not a small business is denied. The SBA Area Office found that the company...

No Do-Overs: Small Business Can’t Renounce Its Reliance on a Subcontractor After It Has...

Appeal from an SBA decision finding that contractor was not a small business is denied. The SBA found that the contractor had violated the...

SBA Improperly Double-Counted Assets in Evaluating Company’s Eligibility for 8(a) Business Development Program; In...

Appeal of a decision finding a company ineligible for SBA 8(a) Business Development program is granted. The SBA found that the net worth of the company’s principal exceeded the $250,000 threshold for 8(a) eligibility. OHA, however, found that the SBA had double-counted the value of one the principal’s rental property. The principal had sold a […]
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OHA Clarifies for the Third Time that Small Business Runway Extension Act Five-Year Lookback...

Appeal challenging an SBA size determination is denied. The SBA had found that based on the three-year average of the its annual receipts, the...

But Wait, Did You Check the Mailroom? Possibility of Sealed Bids in Agency Mailroom...

Motion to dismiss a status protest as untimely is granted. Under SBA’s regulations, status protests must be filed within five days after the identify of an awardee is known. Here, the protester filed a protest almost two months after sealed bids were opened, and the protester learned the identity of the awardee. The protester argued […]
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Sale of Business Division Does Not Metamorphose the Division into a “Former Affiliate” for...

Appeal of size determination in which SBA found that contract awardee was not a small business is denied. The awardee argued that it had sold a business division before bidding on the contract, and if the receipts of that division were deducted from the awardee’s receipts, then the awardee fell within the applicable size standard. […]
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