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Published on April 15, 2025 • Law

OHA Nails the Coffin On Protester’s General Affiliation Claim

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OHA dismissed a size protest. OHA found the companies in the awardee's joint venture were not affiliated. The protester asked OHA to reconsider. The protester questioned how OHA could consider the two companies in the joint venture immune from general affiliation. OHA rejected the petition finding it simply raised the same arguments that had already been considered and rejected.

Size Appeal of The Povolny Group, Inc., SBA No. SIZ-6348

Background - The petitioner filed a Petition for Reconsideration (PFR) for an OHA decision that affirmed the dismissal of its size protest. It had protested that the two companies in a mentor-protégé relationship were generally affiliated under 13 C.F.R. § 121.103(h) due to their “longstanding inter-relationship and contract dependence.” The two companies created three joint ventures which collectively secured 32 contracts.
Reconsideration - In this petition, the petitioner questioned, based on the evidence put forth, how the Area Office and OHA concluded the two companies were immune from general affiliation.
Decision - OHA found the PFR was without merit. It merely contained arguments OHA had already considered and rejected. Thus, the petition was denied and the decision was affirmed.

-- Case summary by Joshua Lim, Assistant Editor.

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