Small Business Programs, Size Standards, and Associated Requirements

The procurement programs administered by the Small Business Administration are extremely important to the competitveness of small businesses on government contracting opportunities, but can also present complex compliance issues. Questions arise, in particular, when small businesses are collaborating with other parties in the submission of a proposal for, and/or performance of, government contracts, whether through teaming agreements or joint ventures.

Additionally, size challenges and questions of affiliation can lead to a need for careful regulatory interpretation and, occasionally, administrative appeals to the SBA’s Office of Hearings and Appeals.

Our attorneys recognize the distraction that such matters can present to small businesses that wish to remain focused on their goal of providing exemplary services – often in competition with much larger enterprises. We are dedicated to offering leanly staffed legal services through knowledgeable counsel.

Representative Experience:

Assisted community-based health care provider (and federal grantee entity) in evaluating small business subcontracting plan requirements set forth in a Department of Veterans Affairs Request for Quotes (“RFQ”), ultimately assisting the provider/offerors in satisfying the VA that small business subcontracting opportunities were not available within the scope of the client’s activities under the contract and resulting in prompt award of the contract.
Advised multiple clients on the applicability of the Small Business Administration’s (“SBA”) alternative size standards and affiliation rules as they relate to SBA Paycheck Protection Program (“PPP”) loans.
From prior government experience, assisted DoD contracting agency with structuring and administering cascading small business set-aside procurements and successfully navigating bid protests related to the same.
Assisted small business IT contractor with establishment of small-business-preference-program-compatible joint venture arrangements, advised regarding similar potential business models, and assisted with associated agreements, including relevant non-disclosure agreements for negotiation of potential future opportunities.
Advised large nonprofit entity with respect to SBA size standards and affiliation requirements, as applied within the context of the SBA’s Section 7(a) Paycheck Protection Program (“PPP”) loans.

Practice Leader — Scott S. Sheffler

Partner

“Regardless of mission, understanding the strings that attach to federal funds is necessary to a grantee's long-term success.”