March 2017
Control is a Key Element in Determining Affiliation for SBA Small Business Size Determination

The most common reason for contractors failing to meet the Small Business size standards set by the Small Business Administration (SBA) is because they are found to be affiliated with other companies, such that one company can effectively assert control over the other entity. When that element of control does not exist, SBA will not find affiliation for purposes of a size determination, even though the companies may interact with each other on a regular basis over time. Stated another way, just because companies have relationships with each other does not always mean that they are affiliated for purposes of an SBA size determination. 

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Contractors: Be on the Lookout to Challenge Unreasonable Agency Procurements

Since government agencies are given substantial discretion in creating solicitations and evaluating proposals, contractors are frequently at a disadvantage in identifying and challenging improprieties. But that discretion is not unfettered, and contractors who commit the time and effort to presenting their proposals should be on the lookout for and prepared to challenge irregularities in the government’s procurement award process.

View the full alert here.

To learn more about Polsinelli's Government Contracts practice, click here.