Recent SBA Office of Hearings and Appeals Decisions

Stan Hinton

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Recent SBA OHA Decisions (2007-Present)

Click on any heading to link to the list of those decisions, and then click on any case name to link directly to the decision.

Caveat: Please note that, in November 2011, the SBA redesigned its website so that it links to a Westlaw site for the text of OHA decisions published from that date forward, and it is no longer possible for third-party sites, such as mine, to link directly to the decisions on the Westlaw site. Therefore, for those recent decisions that are cited below without a link, you must first go to the SBA's OHA search page, enter search information from my citation, and then link from there to the text of the actual decision.

Size Decisions NAICS Decisions VET Decisions 8(a) BDP Decisions SDBA Decisions WBC Decisions

Size Decisions

Most Recent Size Decisions	Other Affiliations Issues; JV; Etc.
Jurisdiction; Ripeness; Timeliness; Etc.	Calculation of Receipts; Revenues; Employees
Lack of Specificity	Date When Size Determined
Failure to Provide Required Information	Errors by Area Office
Ostensible Subcontractor	Miscellaneous

Most Recently Published Size Decisions

Size Appeal of Trident³, LLC, SBA No. SIZ-5315 (Jan. 24, 2012) (overturns Area Office's size determination because 8(a) firm's joint venture agreement was approved prior to award of 8(a) contract and Area Office lacks authority to review mentor-protégé agreements in context of 8(a) procurements)

In the Matter of SB Technologies, LLC, SBA No. SIZ-5319 (Jan. 20, 2012) (overturns Area Office's finding of affiliation through identify of interest because there was a clear fracture between the allegedly affiliated firms and the individual with the alleged identity of interest is a minority shareholder who does not control the allegedly related firm)

In the Matter of Alutiiq Diversified Services, LLC, SBA No. SIZ-5318 (Jan. 19, 2012) (affirms Area Office; where parties to approved mentor-protégé agreement also have approved JV agreement for a particular procurement, the Area Office's decision that it did not have the authority to examine whether the members of the joint venture had formed too many such ventures together over the years (because it had already been determined by SBA that the JV was approved for this particular procurement))

Size Appeal of Excalibur Laundries, Inc., SBA No. SIZ-5317 (Jan. 12, 2012) (Area Office not required to consider specific allegation of affiliation first raised after deadline for filing size protest in negotiated procurement)

Size Appeal of Rio Vista Management, LLC, SBA No. SIZ-5316 (Jan. 11, 2012) (Area Office's size determination contained multiple errors, including (i) reliance on circumstances occurring more than three years before date of size determination; (ii) finding affiliation from assistance properly provided under approved 8(a) mentor-protégé agreement; (iii) finding violation of newly-organized concern rule when firm's founder was not in one of proscribed positions at predecessor firm; and (iv) finding affiliation based on identity of interest between two individuals when neither of them controls allegedly affiliated firm)

Size Appeal of The Associated Construction Co., SBA No. SIZ-5314 (2011) (Area Office properly included firm's interdivisional labor receipts in calculating its average annual receipts)

Size Appeal of Garco Construction, Inc., SBA No. SIZ-5308 (2011) (affirms Area Office's dismissal of size protest as untimely because it was filed more than five business days after the Contracting Officer notified the firm of the identity of the prospective awardee)

Size Appeal of TPG Consulting, LLC, SBA No. SIZ-5306 ( 2011) (affirms Area Office determination that firm is affiliated with Toyota through economic dependence on Toyota as firm's customer)

Size Appeal of GPA Technologies, Inc., SBA No. SIZ-5307 (2011) (reverses Area Office's findings of affiliation; no basis for finding lack of clear fracture or identity of interest based on limited number of shared employees)

Size Appeal of National Sourcing, Inc., SBA No. SIZ-5305 ( 2011) (reverses Area Office's finding that firm violated "ostensible subcontractor" rule; firm was not "unusually reliant" on alleged affiliate)

Size Appeal of Technibilt, LTD., SBA No. SIZ-5304 ( 2011) (affirms Area Office finding that, under 13 C.F.R. 121.103(c)(2), contested firm was affiliated with two firms that each owned approximately 36% of stock in company that controlled contested firm)

Size Appeal of BR Construction, LLC, SBA No. SIZ-5303 (2011) (minority owner has negative control where operating agreement requires his approval for many types of actions)

Size Appeal of Onopa Management Corp., SBA No. SIZ-5302 ( 2011) (ostensible subcontractor; affirms Area Office finding of affiliation through unusual reliance on subcontractor for vital subcontract requirements)

Size Appeal of SB Technologies, LLC, SBA No. SIZ-5298 (2011) (dismisses appeal as insufficient because it does not allege any errors in two of three bases for Area Office's original size determination)

Size Appeal of M1 Support Services, LP, SBA No. SIZ-5297 ( 2011) (affirms Area Office finding that firm was not the manufacturer of contract items and was too large to qualify for the nonmanufacturer rule)

Size Appeal of Four Winds Services, Inc., SBA No. SIZ-5293 PFR (2011) (denies petition for reconsideration of SIZ-5260 (which found violation of ostensible subcontractor rule) because a firm's proposal did contain firm commitment to perform the work at issue)

Size Appeal of Norris Professional Services, Inc., SBA No. SIZ-5289 (2011) (affirms Area Office finding that firms were affiliated through economic dependence)

Size Appeal of Eagle Consulting Corp., SBA No. SIZ-5288 PFR (2011) (OHA denies petition for reconsideration of SIZ-5267, which found company was affiliated with another through economic dependence)

Size Appeal of IRA Green, Inc., SBA No. SIZ-5287 ( 2011) (clear error for the Area Office to determine a firm complied with the nonmanufacturer rule solely on the basis of the firm's bare assertions ( without requiring any proof) that it normally sold the type of item in question and that it would supply the product of a U.S. small business manufacturer)

Size Appeal of Mark Dunning Industries, Inc., SBA No. SIZ-5284 (2011) (Area Office did not adequately investigate a firm's adequately specific allegations of affiliation)

Size Appeal of MWE Services, Inc., SBA No. SIZ-5283 (2011) (affirms Area Office's dismissal of protest, where initial protest submissions were insufficiently specific and later submissions were untimely filed more than five days after posting of award notice at FedBiZOpps)

Size Appeal of Coastal Management Solutions, Inc., SBA No. SIZ-5281 (2011) (Area Office improperly treated appellant as newly organized concern when it had already been an active business for six years)

Size Appeal of ETouch Federal Systems, LLC, SBA No. SIZ-5280 ( 2011) (upholds Area Office findings that firms were affiliated through the newly-organized concern rule (where there was no clear fracture) and by identity of interest due to economic dependence). Size Appeal of ETouch Federal Systems, LLC, SBA No. SIZ-5271 (Aug. 25, 2011) ( same holding)

Size Appeal of Spiral Solutions and Technologies, Inc., SBA No. SIZ-5279 (2011) (reverses Area Office's finding of violation of ostensible subcontractor rule because prime contractor will perform the primary and vital contract requirements)

Bering Straits Logistics Services, LLC, SBA No. SIZ-5277 ( 2011) (reverses Area Office's finding that a firm violated the ostensible subcontractor rule by unusual reliance on subcontractor, specifically rejecting Area Office's conclusions regarding key employees, the importance of a subcontractor's qualifications to obtaining the job, the percentages of labor costs attributable to the contractor and subcontractor, respectively, and the division of work assigned to each)

Size Appeal of DMI Educational Training LLC, SBA No. SIZ-5276 (2011) (affirms Area Office's findings of affiliation due to adverse inference (after firm failed to provide information requested by Area Office), even though Area Office was incorrect on application of newly organized concern rule)

Size Appeal of DMI Educational Training LLC, SBA No. SIZ-5275 (2011) (affirms Area Office's findings of affiliation under (i) common management existing as of the self-certification date and (ii) adverse inference test (for failing to provide information requested by Area Office), even though Area Office was incorrect on application of newly organized concern rule)

Size Appeal of Griswold Industries dba CLA-VAL Co., SBA No. SIZ-5274 (2011) (affirms Area Office's decision to count firm's "inactive employees" in determining size)

Size Appeal of The MayaTech Corp., SBA No. SIZ-5269 (2011) (affirms Area Office; reimbursements for items contractor purchases at customer's request under government contracts and subcontracts are not excluded from receipts under 13 C.F.R. 121.104(a))

Size Appeal of Hui O Aina, LLC, SBA No. SIZ-5262-PFR ( 2011) (grants petition for reconsideration of SIZ-5245; contested firm is not small business because proper interpretation of footnote 1 to 13 C.F.R. 121.201 ("A firm is small if, including its affiliates, it is primarily engaged in the generation, transmission, and/or distribution of electric energy for sale and its total electric output for the preceding fiscal year did not exceed 4 million megawatt hours") means (i) the majority to the receipts of the challenged concern, itself, must be derived from the generation, transmission, and/or distribution of electric energy, and (ii) the majority of the aggregated receipts of the challenged concern and its affiliates must be derived from the generation, transmission, and/or distribution of electric energy)

Size Appeal of Coyol International Group, SBA No. SIZ-5261 (2011) (affirms Area Office's dismissal of size protest because procurement was unrestricted)

Size Appeal of Four Winds Services, Inc., SBA No. SIZ-5260 (2011) (firm that will perform the majority of the contract labor and will staff the second most influential contract position is ostensible subcontractor)

Size Appeal of CJW Construction, Inc., SBA No. SIZ-5254 ( 2011) (reverses Area Office's size determination because Area Office erroneously (i) looked behind valid mentor-protégé agreement to find violation of the newly-organized concern rule; (ii) found violation of newly-organized concern rule based on key employee of the new firm who had not been an owner, officer, director, or key employee of prior firm; and (iii) found affiliation based on totality of the circumstances based on erroneous and inadequate considerations)

Size Appeal of OSC Solutions, Inc., SBA No. SIZ-5253 (2011) (affirms Area Office's decision because solicitation is one for services and, therefore, the nonmanufacturer rule and the 500 employee size standard do not apply)

Size Appeal of Malouf Construction, LLC, SBA No. SIZ-5250 (2011) (affirms Area Office's finding that Mississippi Material Purchase Certificate tax must be included in firm's gross receipts because tax does not fall under exception for taxes collected on behalf of a taxing authority at 13 C.F.R. 121.104(a))

Size Appeal of Manroy USA, LLC, SBA No. SIZ-5244 (2011) (overturns Area Office's finding of identity of interest because business ties between individual and firm are limited to furthering business of challenged entity)

Size Appeal of Bush Technologies, LLC, SBA No. SIZ-5242 (2011) (Area Office erred in dismissing as insufficiently specific, protest alleging that, based on information in government website, firm exceeded size standard because it had more than that in contracts in its most recent year)

Size Appeal of Camden Shipping Corp., SBA No. SIZ-5241 (2011) (upholds Area Office's decision in spite of appellant's contention Area Office did not count all employees of challenged firm)

Size Appeal of Falcon, Inc., SBA No. SIZ-5239 (2011) (original size appeal was untimely because it was filed more than five days after receipt of notice of award from the Contracting Officer, and filing protest at GAO did not extend period for filing size protest)

Innovative Resources, SBA No. SIZ-5238 (2011) (affirms Area Office's finding that contested firm was not generally affiliated with its joint venture partners under 13 C.F.R. 121.103(h))

Size Appeal of Accent Service Co., SBA No. SIZ-5237 (2011) (Master Subcontracting Agreement did not establish joint venture and did not establish that one firm was ostensible subcontractor of the other; the fact that contested firm often awarded subcontracts to another firm did not establish economic dependence, if anything it made the other firm dependent on contested firm)

Size Appeal of The Patrick Wolffe Group, Inc., SBA No. SIZ-5235 (2011) (reverses Area Office's finding of ostensible subcontractor because the offeror delegated specific contract tasks to be performed by its proposed subcontractor, the offeror alone will manufacture the contract items, its representative presided over the oral presentation, and the CO concluded that the offeror had the necessary experience and capability to produce the items and manage the contract)

Size Appeal of Hal Hays Construction, Inc., SBA No-SIZ-5234 (2011) (under 13 C.F.R. 121.104(a)(1), SBA must use tax returns filed before date of self-certification to determine size, not amended returns filed after that date but before the initiation of the size determination)

Size Appeal of Outdoor Venture Corp., SBA No. SIZ-5232 (2011) (dismisses untimely appeal filed more than 15 days after receipt of size determination, even though firm had attempted to file by email in timely manner, but email was not received at OHA and firm received no indication that email transmission had been unsuccessful)

Size Appeal of Innovative Resources, SBA No. SIZ-5231 ( 2011) (remands case to Area Office to explain (i) which regulatory provision it used in making size determination and (ii) which firms' receipts it used in its calculations)

Size Appeal of Active Deployment Systems, Inc., SBA No. SIZ-5230 ( 2011) (firm formed by four former employees of bankrupt firm (none of whom were officers, directors, or owners of that firm) was not affiliated with bankrupt firm through newly-organized concern rule even though these personnel were employed by bankruptcy trustee to assist in winding up the former firm)

Size Appeal of Assessment & Training Solutions Consulting Corp., SBA No. SIZ-5228 (2011) (affirms Area Office's determination that there was no violation of ostensible subcontractor rule)

Size Appeal of A-Top Security Co., SBA No. SIZ-5227 (2011) (dismisses appeal not received within 15 days of contractor's receipt of size determination, although it was postmarked on the 15th day)

Size Appeal of Quantum Professional Services, Inc., SBA No. SIZ-5225 ( 2011) (PFR) (affirms prior decision on reconsideration)

Size Appeal of C2 Freight Resources, Inc., SBA No. SIZ-5223 (2011) (vacates Area Office's determination because amounts a firm collects for freight carriers as a property broker should be excluded from the calculation of its annual receipts)

Size Appeal of McClendon Acres, Inc., SBA No. SIZ-5222 (2011) (affiliation with various firms through majority ownership, management interest based on initial capital contributions, ownership of non-majority block of stock large compared to other blocks, identity of family interests without clear fracture; Area Office failed to determine primary industry of firm applying for HUBZone status and to apply size standard for that industry)

Size Appeal of Emerald BioStructures, Inc., SBA No. SIZ-5221 ( 2011) (under 13 C.F.R. 121.702(a)(1), firm with multiple layers of corporate ownership above it is ineligible to participate in the SBIR program)

Size Appeal of Active Deployment Systems, Inc., SBA No. SIZ-5216 (2011) (vacates Area Office's decision and finds firms affiliated through common management)

Size Appeal of NMA Architects Planners Leed Consultants, LLC, SBA No. SIZ-5215 ( 2011) (despite general rule at 13 C.F.R. 121.404(a) that size is determined as of the date of self-certification with a priced offer, Area Office erred in dismissing protest as premature, which was filed upon notification of the identity of the offeror chosen for negotiation (before submission of a price) in a formal two-step procurement for A/E services under Brooks Act pursuant to FAR 36.6)

Size Appeal of DHS Systems LLC, SBA No. SIZ-5211 (2011) (affirms finding of affiliation through negative control)

Size Appeal of Quantum Professional Services, Inc., SBA No. SIZ-5207 ( 2011) (vacates a size determination because it was based on untimely size protests concerning task order award under ID/IQ contract absent a request for size recertification by the ordering agency)

Size Appeal of Grantco Pacific, Inc., SBA No. SIZ-5205 ( 2011) (affirms Area Office's finding of affiliation through identity of interest of firm owned by son with another firm owned by parents)

Size Appeal of Argus and Black, Inc, SBA No. SIZ-5204 (2011) (overturns Area Office's finding of affiliation through economic dependence because it was based only on one, small contract and did not satisfy the conditions for such a finding)

Size Appeal of Innovative Construction & Management Services, LLC, SBA No. SIZ-5202 (2011) (reverses Area Office determination that firm 8(a) firm was other than small because Area Office determined its size as of the date of notice to firm that its size was in question rather than the (later) date it was certified as small by the SBA as required by the regulations)

Size Appeal of Platinum Business Corp., SBA No. SIZ-5199 (2011) (affirms dismissal of protest as insufficiently specific)

Size Appeal of SoftConcept, Inc., SBA No. SIZ-5197 ( 2011) (affirms Area Office's dismissal of protest as insufficiently specific)

Size Appeal of Pugh Enterprises, SBA No. SIZ-5194 (2011) (affirms (i) decision that a firm was not eligible for a disaster loan and (ii) determination of its primary industry)

Size Appeal of Alutiiq Education & Training, LLC , SBA No. SIZ-5192 (2011) (affirms Area Office finding of affiliation through ostensible subcontractor rule)

Size Appeal of EarthCare Solutions, Inc., SBA No. SIZ-5183 (2011) (affirms Area Office's finding that contested firm would be unusually reliant upon another firm under ostensible subcontractor rule)

Size Appeal of Barlovento LLC, SBA No. SIZ-5191 (2011) (calculation of average annual receipts when multiple joint ventures are involved)

Size Appeal of Allstates Employer Services II, Inc., SBA No. SIZ-5190 (2011) (affirms Area Office finding that firm average annual receipts exceeded applicable size standard; issue of number of employees that should be counted for firm supplying employee leasing services is irrelevant)

Size Appeal of David Boland, Inc., SBA No. SIZ-5189 (2011) (affirms Area Office's finding of no current affiliation with large business that was a former affiliate under totality of circumstances, identity of interest, clear fracture, and common management analyses)

Size Appeal of C2G. Ltd Co., SBA No. SIZ-5186 (2011) (reverses Area Office; firm is no longer affiliated with former affiliate under former affiliate rule because former affiliate is no longer primary source of its revenue)

Size Appeal of Alutiiq Education & Training, LLC, SBA No. SIZ-5182 (Jan. 10, 2011) (dismisses appeal based on an alleged violations of ostensible subcontractor rule because contract at issue already had been awarded)

Jurisdiction; Ripeness; Standing; Timeliness; Mootness

Size Appeal of Coyol International Group, SBA No. SIZ-5261 (2011) (affirms Area Office's dismissal of size protest because procurement was unrestricted)

Size Appeal of A-Top Security Co., SBA No. SIZ-5227 (2011) (dismisses appeal not received within 15 days of contractor's receipt of size determination, although it was postmarked on the 15th day)

Size Appeal of PTL Contracting Corp., SBA No. SIZ-5170 (2010) (dismisses appeal to OHA because it was not filed within required 15 days of receipt of Area Office's determination)

Size Appeal of Sunshine Kids Services, Inc., SBA No. SIZ-5167 (2010) (Area Office properly dismissed protest as untimely; protester's contention that notice of award was not sufficient to give it notice of protest grounds because it did not identify separate members of JV is unavailing because regs only require notice to identify awardee)

Size Appeal of Aero-Graphics, Inc., SBA No. SIZ-5162 (2010) (dismisses appeal for lack of jurisdiction because contract has been awarded and allegation--violation of ostensible subcontractor rule--is contract-specific)

Size Appeal of Service Disabled Veteran Contractors LLC, SBA No. SIZ-5158 (2010) (affirms Area Office's dismissal of size protest as untimely because it was not filed within five days of notice of award)

Size Appeal of Glen/Mar Construction, Inc., SBA No. SIZ-5143 (2010) (firm whose offer had been eliminated from competition as technically unacceptable lacked standing to protest awardee's size)

Size Appeal of Reams Enterprises, Inc., SBA No. SIZ-5137 (2010) (firm whose offer had been eliminated from competition for reasons unrelated to size lacked standing to protest awardee's size)

Size Appeal of American Towing & Auto Dismantling, Inc., SBA No. SIZ-5123 (2010) (dismisses appeal as untimely because original protest to Area Office was properly dismissed as untimely)

Size Appeal of the Competitive Edge II, LLC d/b/a @Work Medical Services, SBA No. SIZ-5117 (2010) (dismisses "grossly" untimely appeal from size determination)

Size Appeal of SETA Support Services Alliance, LLC, SBA No. SIZ-5111 (2010) (PFR) (denies petition for reconsideration of decision re ostensible subcontractor issues because the contract at issue already has been awarded)

Size Appeal of Perry Management, Inc., SBA No. SIZ-5100 (2009) (dismisses appeal that raises evidence and arguments on appeal not included in original size protest)

Size Appeals of Sabre88, LLC and Phacil, Inc, SBA No. SIZ-5113 (Feb. 2010) (size appeals that size determination "may" affect firm's eligibility for 8(a) program are dismissed as premature; request to Area Office to perform size determination on Sabre88)

Size Appeal of Molter Corp., SBA No. SIZ-5107 (Jan. 5, 2010) (dismisses untimely appeal from issuance of size determination)

Size Appeal of Jupiter Corp., SBA No. SIZ-5095 (2009) (upholds Area Office determination that firm was other than small; firm's protest that original size protest lacked specificity is untimely)

Size Appeal of American Woolen Company International, Inc., Inc. SBA No. SIZ-5094 (2009) (appeal dismissed as (i) untimely with regard to current procurement and (ii) lacking a full and specific statement with regard to the alleged errors in the Area Office's size determination)

Size Appeal of JXM, Inc., SBA No. SIZ-5091 (2009) (OHA lacks jurisdiction because there is no underlying, formal size determination from which to appeal)

Size Appeal of Valerie Lewis Janitorial, SBA No. SIZ-5067 (2009) (dismisses size appeal as moot because protested firm was already ineligible for award after a finding that it was SDVO SBC for purposes of an SDVO SBC set-aside)

Size Appeal of KVA Electric, SBA No. SIZ-5051 (2009) (dismisses untimely appeal)

Size Appeal of Taylor Consultants Inc., SBA No. SIZ-5050 (2009) (firm found other than small has no standing to challenge size status of another competitor because there was still more than one small business offeror for the procurement--13 C.F.R. 121.1001(a)(1)(iv))

Size Appeal of Executive Technology Solutions, LLC, SBA No. SIZ-5026 (2009) (dismisses appeal which is untimely with respect to current procurement)

Size Appeal of Argo/LRS, JV, SBA No. SIZ-5027 (2009) (dismisses appeal which is untimely with respect to both current and future procurements)

Size Appeal of W. H. Mosley Co., SBA No. Size-5020 (2009) (size protest filed before apparently successful offeror is identified is premature)

Size Appeal of Sarang Herlihy JV, SBA No. SIZ-5018 (2008) (timely appeal cannot cure untimely protest)

Size Appeal of Information Systems Integrators, SBA No. SIZ-4999 (2008) (untimely appeal received more than 15 days after receipt of size determination)

Size Appeal of S4, Inc., SBA No. SIZ-4959 (2008) (13 C.F.R. 121.1004(e)--SBA's protest filed prior to any notice of an apparent successful offeror is premature)

Size Appeal of U.S. Department of Housing and Urban Development, SBA No. SIZ-4956 (2008) (untimely appeal by contracting officer)

Size Appeal of Global Solutions Network, Inc., SBA No. SIZ-4937 (2008) (dismissing protest as untimely filed months too late)

Size Appeal of UXB International, Inc., SBA No. SIZ-4930 (2008) (appeal not filed with OHA is untimely, even if it is filed with other SBA offices)

Size Appeal of PMTech, Inc., SBA No. SIZ-4921 (2008) (appeal based upon ostensible subcontractor rule is dismissed because contract already has been awarded)

Size Appeal of Environmental Protection Certification Co., Inc., SBA No. SIZ-4915 (2008) (untimely appeal of size determination)

Size Appeal of Siwa'vatts, LLC, SBA No. SIZ-4906 (2008) (standing to request a size determination)

Size Appeal of White Hawk/Todd, a Joint Venture, SBA No. SIZ-4888 (2008) (standing to raise size protest; specificity required for protest statement)

Size Appeal of Global Solutions Network, Inc., SBA No. SIZ-4881 (2008) (dismissal of allegation of violation of ostensible subcontractor rule because contract already has been awarded)

Size Appeal of PM Services Co., SBA No. SIZ-4878 (2008) (untimely size appeal)

Size Appeal of Precision Standard, Inc., SBA No. SIZ-4873 (2007) (dismisses size appeal raising contract specific issue, i.e. nonmanufacturer rule, filed after contract awarded)

Size Appeals of NSR Solutions, Inc., et al., SBA No. SIZ-4859 (2007) (post-award, non-reviewable, contract-specific allegations)

Size Appeal of Evolver, Inc., SBA No. SIZ-4854 (2007) (post-award, non-reviewable, contract-specific issues; "Evolver-II")

Size Appeal of ACCESS Systems, Inc., SBA No. SIZ-4853 (2007) (timeliness of Petition for Reconsideration)

Size Appeal of Labatt Food Service, SBA No. SIZ-4851 (2007) (timeliness of appeal petition)

Size Appeal of Seminole Systems, LLC, SBA No. SIZ-4847 (2007) (timeliness of appeal; tax returns as evidence of receipts)

Size Appeal of Evolver, Inc., SBA No. SIZ-4844 (2007) (post-award, contract specific issues; "Evolver-I")

Size Appeal of Ross Aviation, Inc., SBA No. SIZ-4840 (2007) (size appeal after contract award; overruling Size Appeal of Spectrum Landscape Services, Inc., SBA No. SIZ-4313 (1998) re mootness)

Lack of Specificity in Protest or Appeal

Size Appeal of Platinum Business Corp., SBA No. SIZ-5199 (2011) (affirms dismissal of protest as insufficiently specific)

Size Appeal of SoftConcept, Inc., SBA No. SIZ-5197 (2011) (affirms dismissal of protest as insufficiently specific)

Size Appeal of Jupiter Corp., SBA No. SIZ-5095 (2009) (dismisses appeal that challenges specificity of protest for first time on appeal)

Size Appeal of Perry Management, Inc., SBA No. SIZ-5100 (2009) (dismisses appeal that raises evidence and arguments on appeal not included in original size protest)

Size Appeal of Unitron, LP, SBA No. Siz-5084 (2009) (reverses Area Office determination that protest lacked specificity and requires Area Office to make size determination)

Size Appeal of Archimeleon, PLLC, SBA No. SIZ-5076 (2009) (dismisses one-page appeal which does not contain sufficient information to convey specific grounds of appeal)

Size Appeal of Maximum Demolition, Inc., SBA No. SIZ-5073 (2009) (affirms dismissal of size protest as being insufficiently specific pursuant to 13 C.F.R. 121.1007(b))

Size Appeal of FlowSense Building Services, Inc., SBA No. SIZ-5072 (2009) (overturns Area Office determination that protest was insufficiently specific)

Size Appeal of Tire Centers LLC, SBA No. SIZ-5047 (2009) (affirms dismissal of appeal for lack of specificity)

Size Appeal of Val-Coast, Inc., SBA No. SIZ-5031 (2009) (protest that "validity of [challenged firm's] size standard in relation to their NAICS Code should be researched" lacks requisite specificity)

Size Appeal of White Hawk/Todd, a Joint Venture, SBA No. SIZ-4888 (2008) (standing to raise size protest; specificity required for protest statement)

Size Appeal of Millennium Health & Fitness, Inc. SBA No. SIZ-4877 (2008) (lack of specificity in size protest)

Size Appeal of ELR Consultants, SBA No. SIZ-4875 (2007) (vacates Area Office's dismissal of protest for alleged lack of specificity and orders full size determination)

Size Appeal of p.r.n. Steno-Medical Transcription Services, Inc., SBA No. SIZ-4861 (2007) (oral, non-specific protest)

Size Appeal of Precision Standard, Inc., SBA No. SIZ-4858 (2007) (reasonable notice of protest grounds; citation to outdated regulation)

Failure to Provide Documentation to Area Office; Adverse Inference

Size Appeal of Ecotope Environmental Services, Ltd., SBA No. SIZ-5173 (2010) (affirms Area Office finding based upon adverse inference after protested firm failed to file SBA Form 355 as requested by Area Office)

Size Appeal of Log In Systems, Inc., SBA No. SIZ-5130 (May 6, 2010) (dismisses appeal of firm that failed to submit required documentation to Area Office in response to size protest)

Size Appeal of D&B Homecare, SBA No. SIZ-5096 (2009) (Area Office was correct to draw adverse inference from protested firm's failure to provide requested information)

Size Appeal of Kadix Systems, LLC, SBA No. SIZ-5016 (2008) (Area Office correct in drawing adverse interest from protester's failure to submit LOI)

Size Appeal of Firewatch Contracting of Florida, LLC, SBA No. SIZ-4994 (2008) (failure to provide required documentation to Area Office; three party test for upholding Area Office's request for documentation; affiliation)

Size Appeal of Management Support Technology Inc. SBA No. SIZ-4976 (2008) (adverse inference from firm's refusal to submit evidence properly requested by Area Office)

Size Appeal of Sure-Way Systems, Inc., SBA No. SIZ-4972 (2008) (failure to provide information reasonably requested by Area Office; undue reliance on subcontractors; failure to specify which work will be provided by contractor and by subcontractors; ostensible subcontractor rule)

Size Appeal of Atlantis Defense Systems, SBA No. SIZ-4944 (2008) (adverse inference from failure to provide required information)

Size Appeal of USA Jet Airlines, Inc., SBA No. SIZ-4919 (2008)(adverse inference from failure to provide requested documents)

Size Appeal of Canal Wood, LLC, SBA No. SIZ-4852 (2007) (failure to provide requested information)

Size Appeal of Continuant, Inc., SBA No. SIZ-4839 (2007) (refusal to provide requested information)

Size Appeal of Jacob Reliable Enterprises, SBA No. SIZ-4836 (2007) (inadequacy of evidence; attempt to submit new evidence on appeal)

Size Appeal of T/J Technologies, Inc., SBA No. SIZ-4832 (2007) (excuse for failure to submit requested information)

Ostensible Subcontractor Rule

Size Appeal of National Sourcing, Inc., SBA No. SIZ-5305 (2011) (reverses Area Office's finding that firm violated "ostensible subcontractor" rule; firm was not "unusually reliant" on alleged affiliate)

Size Appeal of Onopa Management Corp., SBA No. SIZ-5302 (2011) (ostensible subcontractor; affirms Area Office finding of affiliation through unusual reliance on subcontractor for vital subcontract requirements)

Bering Straits Logistics Services, LLC, SBA No. SIZ-5277 (Sep. 2, 2011) (reverses Area Office's finding that a firm violated the ostensible subcontractor rule by unusual reliance on subcontractor, specifically rejecting Area Office's conclusions regarding key employees, the importance of a subcontractor's qualifications to obtaining the job, the percentages of labor costs attributable to the contractor and subcontractor, respectively, and the division of work assigned to each)

Size Appeal of Accent Service Co., SBA No. SIZ-5237 ( 2011) (Master Subcontracting Agreement did not establish joint venture and did not establish that one firm was ostensible subcontractor of the other; the fact that contested firm often awarded subcontracts to another firm did not establish economic dependence, if anything it made the other firm dependent on contested firm)

Size Appeal of Assessment & Training Solutions Consulting Corp., SBA No. SIZ-5228 (2011) (affirms Area Office's determination that there was no violation of ostensible subcontractor rule)

Size Appeal of Alutiiq Education & Training, LLC , SBA No. SIZ-5192 (2011) (affirms Area Office finding of affiliation through ostensible subcontractor rule)

Size Appeal of EarthCare Solutions, Inc., SBA No. SIZ-5183 ( 2011) (affirms Area Office's finding that contested firm would be unusually reliant upon another firm under ostensible subcontractor rule)

Size Appeal of TLC Catering, SBA No. SIZ-5172 (2010) (reverses Area Office's finding of violation of ostensible subcontractor rule; subcontractor made sandwiches; prime provided all other box-lunch ingredients, assembled, delivered, and served them)

Size Appeal of LOGMET, LLC, SBA No. SIZ-5155 (2010) (reverses Area Office's size determination that firms were affiliated based on identity of interest and ostensible subcontractor rule; subcontracts did not rise to level of economic dependence; prime contractor had capacity to perform entire contract and chose to assign portion of work to subcontractor)

Size Appeal of Colamette Construction Co., SBA No. SIZ-5151 (2010) (reverses Area Office determination of violation of ostensible subcontractor rule because firm only agreed to perform small percentage of contract work, provided limited assistance in bid preparation, and shared bond indemnification; Area Office also confused some indicia of general affiliation with ostensible subcontractor issues)

Size Appeal of DynaLantic Corp., SBA No. SIZ-5125 (2010) (vacates Area Office's denial of size protest and remands for further investigation of possible violations of clear fracture and ostensible subcontractor rules and other matters related to possible affiliation)

Size Appeal of A1 Procurement, LLC, SBA No. SIZ-5121 (2010) (upholds Area Office determination that firm ran afoul of ostensible subcontractor rule where firm had no experience in type of work required by contract and planned to use a large business as a subcontractor to perform undefined portion of work)

Size Appeals of CWU, Inc. and U.S. Department of Homeland Security, SBA No. SIZ-5118 (2010) (upholds Area Office's determination that firm violated ostensible subcontractor rule)

Size Appeal of Assurance Technology Group, LLC, SBA No. SIZ-5104 (2009) (no jurisdiction over appeal alleging violation of ostensible subcontractor rule because contract has already been awarded)

Size Appeal of Malouf Group, LLC., SBA No. SIZ-5102 (2009) (no jurisdiction over appeal alleging violation of ostensible subcontractor rule because contract has already been awarded)

Size Appeals of SETA Support Alliance, LLC., SBA No. SIZ-5101 (2009) (protester failed to meet burden of proof that contractor was unusually reliant on subcontractors in violation of ostensible subcontractor rule; firm's tax returns show its annual receipts are within applicable size standard)

Size Appeal of Alutiiq International Solutions LLC, SBA No. SIZ-5098 (2009) (overturns Area Office finding that firm violated ostensible subcontractor rule; firm's associations were with its parent rather than a subcontractor and also fell within ANC exemption to affiliation rules)

Size Appeal of McKissack & McKissack, SBA No. SIZ-5093 (2009) (upholds Area Office determination that firm was not unduly reliant upon subcontractor in violation of ostensible subcontractor rule)

Size Appeal of C.E. Garbutt Construction Co., SBA No. SIZ-5083 (2009) (firm violates ostensible subcontractor rule when its only contribution to project is HUBZone status and contract is essentially a pass through)

Size Appeal of Fischer Business Solutions, LLC, SBA No. SIZ-5075 (2009) (overturns Area Office's finding of affiliation and violation of ostensible rule under the totality of the circumstances because there was no finding of common managers and no finding of control or the power to control)

Size Appeal of Alutiiq International Solutions, LLC, SBA No. SIZ-5069 (2009) (ostensible subcontractor rule; reverses Area Office's determination because, in requesting information from the protested firm, it did not inform it that the ostensible subcontractor rule was at issue or specifically request information relevant to that issue)

Size Appeal of KVA Electric, Inc., SBA No. SIZ-5045 (2009) (affiliation; Area Office determination to rely on firm's post-offer hearsay statements contradicting resumes submitted with offer that demonstrated reliance on employees of large business in violation of ostensible subcontractor rule was inappropriate)

Size Appeal of Public Communications Services, Inc. SBA No. SIZ-5008 (2008) (small participation by large subcontractor did not invoke ostensible subcontractor rule)

Size Appeal of TCE Inc., SBA No. SIZ-5003 (2008) (overturns Area Office's finding of violation of ostensible subcontractor rule)

Size Appeal of M&S Foods Ltd. Co., SBA No. SIZ-4971 (2008) (waiver of nonmanufacturer rule for individual procurement; scope of waiver invalidates Area Office's determination that contractor was unusually reliant on large business under ostensible subcontractor rule)

Size Appeal of SES-TECH Global Solutions, SBA No. SIZ-4951 (2008) (reverses SBA conclusion that joint venture between 8(a) firm and its mentor does not quality for non 8(a) program because SBA improperly applied 8(a) regulations to the analysis; ostensible subcontractor rule)

Size Appeal of RTL Networks, Inc., SBA No. SIZ-4923 (2008) (ostensible subcontractor rule; unusual reliance)

Size Appeal of PMTech, Inc., SBA No. SIZ-4921 (2008) (appeal based upon ostensible subcontractor rule is dismissed because contract already has been awarded)

Size Appeal of TKTM Corp., SBA No. SIZ-4885 (2008) (ostensible subcontractor rule; seven factors test)

Size Appeal of Global Solutions Network, Inc., SBA No. SIZ-4881 (2008) (dismissal of allegation of violation of ostensible subcontractor rule because contract already has been awarded)

Size Appeal of ACCESS Systems, Inc., SBA No. SIZ-4843 (2007) (ostensible subcontractor rule; joint venture)

Size Appeal of Faison Office Products, LLC, SBA No. SIZ-4834 (2007) (affiliation; economic dependence; identity of interest; ostensible subcontractor rule)

Miscellaneous Affiliation Issues; JV; Mentor-Protege

Size Appeal of Technibilt, LTD., SBA No. SIZ-5304 (Dec. 7, 2011) (affirms Area Office finding that, under 13 C.F.R. 121.103(c)(2), contested firm was affiliated with two firms that each owned approximately 36% of stock in company that controlled contested firm)

Size Appeal of TPG Consulting, LLC, SBA No. SIZ-5306 (2011) (affirms Area Office determination that firm is affiliated with Toyota through economic dependence on Toyota as firm's customer)

Size Appeal of BR Construction, LLC, SBA No. SIZ-5303 (2011) (minority owner has negative control where operating agreement requires his approval for many types of actions)

Size Appeal of Norris Professional Services, Inc., SBA No. SIZ-5289 (2011) (affirms Area Office finding that firms were affiliated through economic dependence)

Size Appeal of Eagle Consulting Corp., SBA No. SIZ-5288 PFR (2011) (OHA denies petition for reconsideration of SIZ-5267, which found company was affiliated with another through economic dependence)

Size Appeal of ETouch Federal Systems, LLC, SBA No. SIZ-5280 (2011) (upholds Area Office findings that firms were affiliated through the newly-organized concern rule (where there was no clear fracture) and by identity of interest due to economic dependence). Size Appeal of ETouch Federal Systems, LLC, SBA No. SIZ-5271 (Aug. 25, 2011) ( same holding)

Innovative Resources, SBA No. SIZ-5238 (2011) (affirms Area Office's finding that contested firm was not generally affiliated with its joint venture partners under 13 C.F.R. 121.103(h))

Size Appeal of Accent Service Co., SBA No. SIZ-5237 ( 2011) (Master Subcontracting Agreement did not establish joint venture and did not establish that one firm was ostensible subcontractor of the other; the fact that contested firm often awarded subcontracts to another firm did not establish economic dependence, if anything it made the other firm dependent on contested firm)

Size Appeal of DHS Systems LLC, SBA No. SIZ-5211 (2011) (affirms finding of affiliation through negative control)

Size Appeal of Active Deployment Systems, Inc., SBA No. SIZ-5216 (2011) (vacates Area Office's decision and finds firms affiliated through common management)

Size Appeal of Grantco Pacific, Inc., SBA No. SIZ-5205 ( 2011) (affirms Area Office's finding of affiliation through identity of interest of firm owned by son with another firm owned by parents)

Size Appeal of Native Energy & Technology, Inc., SBA No. SIZ-5249 (2011) (various affiliation issues)

Size Appeal of Sabre88, LLC, SBA No. SIZ-5161 (2010) (affirms Area Office finding of affiliation through the newly organized concern rule because one firm's Managing Member was a key employee of the other and there was no clear evidence of fracture)

Size Appeal of LGS Management, Inc., SBA No. SIZ-5160 (2010) (affirms Area Office determination that common address was not enough to establish affiliation between two firms in light of other indications to the contrary)

Size Appeal of Beltsville Industries Group, Inc.-Desbuild Incorporated Joint Venture, SBA No. SIZ-5157 (2010) (affirms Area Office; mentor-protégé firms that formed four joint ventures, no single one of which violated the 3 in 2 rule, were not affiliated with one another, and the various joint ventures were not affiliates)

Size Appeal of Cummings Construction, LLC, SBA No. SIZ-5153 (2010) (affirms Area Office's finding of affiliation based upon identity of interest (via economic dependence) with 49% owner)

Size Appeal of Gulf-Shred, Inc. dba Shred-It Mobile/Biloxi, SBA No. SIZ-5149 (2010) (reverses Area Office determination that appellant was other than small because indemnity provision in franchise agreement did not create affiliation between franchisor and franchisee and franchise agreement did not give franchisor power to control franchisee)

Size Appeal of Speegle Construction, Inc., SBA No. SIZ-5147 (2010) (upholds Area Office finding of affiliation due to identity of interest between family members because there is insufficient evidence of clear fracture where the challenged family member was a Vice President with, among other things, the power to control the firm upon the absence or inability of its President)

Size Appeal of The Clement Group, LLC, SBA No. SIZ-5146 (2010) (reverses Area Office finding of affiliation through negative control because, under Alabama law, 51% owner could remove directors who are trying to prevent action by refusing to attend meeting and thereby preventing quorum)

Size Appeal of Specialized Veterans, LLC, SBA No. SIZ-5138 (2010) (affiliation through totality of circumstances including technical and financial assistance, e.g., enabling protested firm to obtain required bonding)

Size Appeal of Forterra Systems, Inc., SBA No. SIZ-5029 (2010) (affiliation; presumption of ownership and control by shareholders holding 28.74% and 17.32% of voting stock under 13 C.F.R. 121.103(c)(2))

Size Appeal of Summit Technologies & Solutions, Inc., SBA No. SIZ-5132 (2010) (reverses Area Office's finding of affiliation under totality of circumstances rule)

Size Appeal of Incisive Technology Inc., SBA No. SIZ-5122 (2010) (almost total dependence by firm on subcontracts with one large firm for revenues creates affiliation through economic dependence)

Size Appeal of Condor Reliability Services, Inc., SBA No. SIZ-5116 (2010) (affiliation by identity of interest among family members without sufficient evidence of clear line of fracture)

Size Appeal of Jenn-Kans, Inc., SBA No. SIZ-5114 (2010) (affiliation; identity of interest; clear fracture analysis)

Size Appeal of Jenn-Kans, Inc., SBA No. SIZ-5128 ( 2010) (PFR) (affirms prior decision on reconsideration; affiliation; clear fracture rule)

Diverse Construction Group, LLC, SBA No. SIZ-5112 (2010) (reverses Area Office finding of affiliation; identity of interest and totality of circumstances issues; control or power to control)

Size Appeal of Blue Cord Construction Inc., SBA No. SIZ-5077 (2009) (finding of affiliation where there is no fracture and where newly organized concern is established by officer and key employee of a firm that is also providing it with technical and financial assistance)

Size Appeal of Taylor Consultants Inc., SBA No. SIZ-5049 (2009) (upholds finding of affiliation based on identity of interest, stock ownership, and the totality of the circumstances)

Size Appeal of Hallmark Phoenix-8, LLC, SBA No. SIZ-5046 (2009) (firm is still affiliated with firm that has not completed steps for dissolution)

Size Appeal of Henderson Group Unlimited, Inc. , SBA No. SIZ-5034 (2009) (reverses Area Office determination of affiliation because business rebutted that presumption by establishing "clear fracture")

Size Appeal of Forterra Systems, Inc., SBA No. SIZ-5029 (2009) (affiliation when minority block of voting stock is large compared to any other minority voting block)

Size Appeal of Eagle Pharmceuticals, Inc., SBA No. SIZ-5023 (2009) (affiliation through negative control of supermajority veto power; control though ownership of block of stock large in comparison to other blocks--here, 35.7% for largest shareholder to 19.6% for next largest)

Size Appeal of Cummings Construction, LLC, SBA No. SIZ-5022 (2009) (affiliation through control; reverses Area Office determination; capital contributions are not a factor in determining affiliation; therefore, only the member who had the majority membership interest had the power to control a limited liability company, even though two members had made equal capital contributions)

Size Appeal of RX Technology Corp., SBA No. SIZ-4998 (2008) (affiliation by 100% stock ownership)

Size Appeal of DCS Night Vision JV, LLC, SBA No. SIZ-4997 (2008) (joint venture involving mentor-protege agreement and 8(a) firm)

Size Appeal of Luke & Assocs., SBA No. SIZ-4993 PFR (2008) (denies petition for reconsideration; 8(a) procurements; joint ventures; mentor-protege arrangements)

Size Appeal of Baldt, Inc., SBA No. SIZ-4987RD (2008) (affiliation)

Size Appeal of Medical and Occupational Services Alliance, SBA No. SIZ-4989 (2008) (joint venture; mentor-protege; whether solicitation modification rendered original offers nonresponsive)

Size Appeal of Baldt, Inc., SBA No. SIZ-4987 (2008) (affiliation with numerous companies)

Size Appeal of Luke & Assocs., Inc. SBA No. SIZ-4981 (2008) (joint ventures; affiliation; mentor-protege; the requirements of 13 C.F.R. 124.513 do not apply to non-8(a) set-aside procurements)

Size Appeal of Novalar Pharmaceuticals, Inc., SBA No. SIZ-4977 (2008) (affiliated companies; single-largest minority shareholder rule; multiple-largest minority shareholders rule; affiliation through control of board of directors)

Size Appeal of L&S Industrial and Marine, Inc., SBA No. SIZ-4978 (2008) (affiliation; family members; identity of interest; contracts between firms)

Size Appeal of EA Engineering, Science, and Technology, Inc., SBA No. SIZ-4973 (2008) (when an Architect/Engineer firm is selected for negotiation in accordance with FAR 36.606, the five day protest period in 13 C.F.R. 121.1004(a)(2) is triggered. Area Office’s determination of affiliation based upon an identity of interest is not supported by 13 C.F.R. 121.103(f); Area Office's determination that firm has the negative power to control Appellant based upon the supermajority requirements of the Stockholder Agreement, and thus the concerns are affiliates, constituted a clear error of law)

Size Appeal of C&C International Computers and Consultants, Inc., SBA No. SIZ-4970 (2008) (mentor-protege relationships; the three-offer-in-two-year rule for joint ventures)

Size Appeal of Diversified Global Partners JV LLC, SBA No. SIZ-4967 (2008) (mentor-protege; Area Office improperly applied an 8(a) regulation to a procurement unrelated to the 8(a) BD program)

Size Appeal of The ORASA Group, Inc., SBA No. SIZ-4966 (2008) (overturns Area Office's finding of affiliation based on identity of interest in mentor-protege relationship)

Size Appeal of David Boland, Inc., SBA No. SIZ-4965 (2008) (affiliation established by long term relationship; reliance on another firm for assistance in obtaining bonding)

Size Appeal of J.W. Mills Management, SBA No. SIZ-4955 (2008) (control; "unusually reliant"; inapplicability of former seven factors test)

Size Appeal of White Hawk/Todd, a Joint Venture, SBA No. SIZ-4950 (2008) (OHA will not review mentor/protege issues on an 8(a) procurement)

Size Appeal of In and Out Valet Co., SBA No. SIZ-4949 (2008) (affiliation)

Size Appeal of Colt Defense LLC, SBA No. Siz-4943 (2008) (overturns area office's finding of affiliation because there is insufficient evidence of power to control)

Size Appeal of DMS Facility Services, LLC, SBA No. SIZ-4913 (2008) (affiliation; power to control)

Size Appeal of J. W. Mills Management, Inc., SBA No. SIZ-4909 (2008) (affiliation under newly organized concern rule; key employee)

Size Appeal of The H. L. Turner Group, Inc., SBA No. SIZ-4896 (2008) (affiliation based on identity of interest)

Size Appeal of Vortec Development, Inc., SBA No. SIZ-4866 (2007) (affiliation; identity of interest; newly organized concern)

Size Appeal of Weidlinger Associates, Inc., SBA No. SIZ-4846 (2007) (affiliation; power to control; number of employees)

Size Appeal of ACCESS Systems, Inc., SBA No. SIZ-4843 (2007) (ostensible subcontractor rule; joint venture)

Size Appeal of Faison Office Products, LLC, SBA No. SIZ-4834 (2007) (affiliation; economic dependence; identity of interest; ostensible subcontractor rule)

Calculation of Annual Receipts; Revenues Number of Employees

Size Appeal of The Associated Construction Co., SBA No. SIZ-5314 (2011) (Area Office properly included firm's interdividional labor receipts in calculating its average annual receipts)

Size Appeal of Griswold Industries dba CLA-VAL Co., SBA No. SIZ-5274 (2011) (affirms Area Office's decision to count firm's "inactive employees" in determining size)

Size Appeal of Hui O Aina, LLC, SBA No. SIZ-5262-PFR (2011) (grants petition for reconsideration of SIZ-5245; contested firm is not small business because proper interpretation of footnote 1 to 13 C.F.R. 121.201 ("A firm is small if, including its affiliates, it is primarily engaged in the generation, transmission, and/or distribution of electric energy for sale and its total electric output for the preceding fiscal year did not exceed 4 million megawatt hours") means (i) the majority to the receipts of the challenged concern, itself, must be derived from the generation, transmission, and/or distribution of electric energy, and (ii) the majority of the aggregated receipts of the challenged concern and its affiliates must be derived from the generation, transmission, and/or distribution of electric energy)

Size Appeal of Malouf Construction, LLC, SBA No. SIZ-5250 (2011) (affirms Area Office's inclusion of Mississippi Material Purchase Certificate tax in firm's average annual receipts because tax is levied on prime contractors and there is no indication it is to be collected from firm's customers on behalf of taxing authority)

Size Appeal of Hal Hays Construction, Inc., SBA No-SIZ-5234 ( 2011) (under 13 C.F.R. 121.104(a)(1), SBA must use tax returns filed before date of self-certification to determine size, not amended returns filed after that date but before the initiation of the size determination)

Size Appeal of Barlovento LLC, SBA No. SIZ-5191 (2011) (calculation of average annual receipts when multiple joint ventures are involved)

Size Appeal of Southeastern Protective Services, Inc., SBA No. SIZ-5152 (2010) (calculation of gross revenue from income reported on tax returns; no evidence that firm was engaged in joint venture; only evidence shows prime/sub relationship)

Size Appeal of Judson Builders, Inc., SBA No. SIZ-5144 (July 16, 2010) (as required by the regulations, Area Office relied on tax returns filed by firm before it self-certified, instead of amended returns it filed after initiation of size determination)

Size Appeal of J. M. Waller Associates, Inc., SBA No. SIZ-5108 (Jan. 15, 2010) (use of "total income plus costs of goods sold" on tax returns to calculate annual receipts; firm may not raise evidence on appeal it failed to submit to Area Office; no exception for section 481(a) adjustments)

Size Appeal of Social Impact, Inc., SBA No. SIZ-5105 (Jan. 4, 2010) (petition for reconsideration of SIZ-5090; inclusion of conference management revenues in annual receipts as amounts collected for another pursuant to 13 C.F.R. § 121.104(a))

Size Appeal of Social Impact, Inc., SBA No. SIZ-5090 (2009) (Area Office committed a clear error when it determined business properly excluded conference management revenues from its annual receipts as amounts collected for another pursuant to 13 C.F.R. § 121.104(a) and consequently concluded the business was a small business)

Size Appeal of Leader Communications, Inc., SBA No. SIZ-5036 (2009) (New Mexico gross receipts tax and GSA funding fee were both properly included in calculating annual receipts)

Size Appeal of Alpha Protective Services, SBA No. SIZ-5035 (2009) (calculation of annual receipts where joint venture is involved)

Size Appeal of Social Impact, Inc., SBA No. SIZ-5028 (2009) (vacates Area Office decision and remands for further proceedings to determine whether certain amounts were "collected for another" and thus fall under the exclusion from requirement to include them in firm's gross receipts pursuant to 13 C.F.R. 121.104(a))

Size Appeal of Channel Logistics, LLC, SBA No. SIZ-5019 (2008) (annual receipts determined by taking average of three most recent "completed" fiscal years)

Size Appeal of Metropolitan Van and Storage, Inc., SBA No. SIZ-5005 (2008) (size based on revenues of firm plus its affiliates)

Size Appeal of DCT Incorporated, SBA No. SIZ-4996 (2008) (size based on revenues of firm plus its affiliates)

Size Appeal of Social Impact, Inc., SBA No. SIZ-4990 (2008) (annual receipts; exclusion of "amounts collected for another")

Size Appeal of Crown Moving & Storage Co. d/b/a Crown Worldwide Moving and Storage, SBA No. SIZ-4872 (2007) (reverses Area Office size determination; exclusion of inter-affiliate transaction receipts)

Size Appeal of Engineering Support Personnel, Inc., SBA No. SIZ-4865 (2007) (receipts of affiliates)

Size Appeal of Seminole Systems, LLC, SBA No. SIZ-4847 (2007) (timeliness of appeal; tax returns as evidence of receipts)

Size Appeal of Thomas Computer Solutions, LLC, SBA No. SIZ-4841 (2007) (tax returns as evidence; calendar versus fiscal year)

Size Appeal of ASRC Airfield and Range Services, Inc., SBA No. SIZ-4835 (2007) (overruling Size Appeal of K-Mar Industries, Inc., SBA No. SIZ-3926 (1994); no requirement to generate revenues or make profit to be "in business")

Date When Size is Determined

Size Appeal of IAP-Leopardo Construction, Inc., SBA No. SIZ-5127 (Apr. 27, 2010) (vacates Area Office determination because it did not calculate size as of time of priced offer)

Size Appeal of Cox Construction Co., SBA No. SIZ-5070 (2009) (for purposes of determining a firm's size, SBA's size regulations control over any conflicting FAR regulations; affirms Area Office's determination that firm was other than small as of the date it submitted its first priced offer, even though the Contracting Officer had not required recertification of size status at that time; interpretation of 13 C.F.R. 121.404(a))

Size Appeal of Pyramid Services, Inc., SBA No. SIZ-4879 (2008) (date for determining size status; solicitation did not qualify as two-step sealed bidding)

Errors by Area Office

Size Appeal of IRA Green, Inc., SBA No. SIZ-5287 (Oct. 11, 2011) (clear error for the Area Office to determine a firm complied with the nonmanufacturer rule solely on the basis of the firm's bare assertions ( without requiring any proof) that it normally sold the type of item in question and that it would supply the product of a U.S. small business manufacturer)

Size Appeal of Mark Dunning Industries, Inc., SBA No. SIZ-5284 (2011) (Area Office did not adequately investigate a firm's adequately specific allegations of affiliation)

Size Appeal of Space Concepts, LLC, SBA No. SIZ-5169 (2010) (remands case to Area Office for further investigation whether company awarded small business set-aside contract complies with nonmanufacturer rule)

Size Appeal of PMTech, Inc., SBA No. SIZ-5142 (July 7, 2010) (remands case to Area Office with requirement that it include additional information in its size determination concerning total average employee count of protested firm and its affiliates)

Size Appeal of America's Pride, Inc., SBA No. SIZ-5135 (May 26, 2010) (vacates Area Office's decision to dismiss protest as untimely)

Size Appeal of N. J. Balloon Manufacturing, SBA No. SIZ-5134 (May 26, 2010) (vacates Area Office's determination that protest was untimely because agency had not provided protester with timely, accurate notice of award)

Size Appeal of Summit Technologies & Solutions, Inc., SBA No. SIZ-5132 (May 17, 2010) (reverses Area Office's finding of affiliation under totality of circumstances rule)

Size Appeal of PRO SERVICES--Teltara Joint Venture, LLC, SBA No. SIZ-5115 (Mar. 18, 2010) (reverses Area Office because it did not take adequate steps to investigate indicia of affiliation)

Size Appeal of IAP-Leopardo Construction, Inc., SBA No. SIZ-5127 (Apr. 27, 2010) (vacates Area Office determination because it did not calculate size as of time of priced offer)

Size Appeal of ONS21 Security Services, LLC, SBA No. SIZ-5131 (May 12, 2010) (successful size protest; Area Office had no authority to change NAICS code assigned to a procurement in response to a size protest and absent a NAICS code protest; protested firm's receipts clearly exceeded the limit established by the NAICS code in the solicitation)

Size Appeal of DynaLantic Corp., SBA No. SIZ-5125 (April 22, 2010) (vacates Area Office's denial of size protest and remands for further investigation of possible violations of clear fracture and ostensible subcontractor rules and other matters related to possible affiliation)

Size Appeal of TPMC-Energy Solutions Environmental Services 2009, LLC, SBA No. SIZ-5109 (Jan. 19, 2010) (ostensible subcontractor rule; Area Office did not adequately explain its rationale for finding of affiliation)

Size Appeal of Corporate Training and Development, Inc., SBA No. SIZ-4849 (2007) (inadequate analysis by Area Office)

Size Appeal of Tiger Enterprises, Inc., SBA No. SIZ-4848 (2007) (inadequate analysis by Area Office)

Miscellaneous

Size Appeal of M1 Support Services, LP, SBA No. SIZ-5297 (Dec. 15, 2011) (affirms Area Office finding that firm was not the manufacturer of contract items and was too large to qualify for the nonmanufacturer rule)

Size Appeal of McClendon Acres, Inc., SBA No. SIZ-5222 (2011) (Area Office failed to determine primary industry of firm applying for HUBZone status and to apply the size standard for that primary industry)

Size Appeal of Pugh Enterprises, SBA No. SIZ-5194 ( 2011) (affirms (i) decision that a firm was not eligible for a disaster loan and (ii) determination of its primary industry)

Size Appeal of Silver Enterprises Assocs., SBA No. SIZ-5124 (Apr. 19, 2010) (affirms Area Office size determination because probative value of signed statements provided under penalty of perjury by challenged firm outweighs general allegations of protester)

Size Appeal of Inuit Services, Inc., SBA No. SIZ-5079 (2009) (firm's submission to Area Office showing it to be other than small is dispositive even when firm asserts, and offers evidence, on appeal that its original submission was mistaken)

Size Appeal of Taylor Consultants, Inc., SBA No. SIZ-5074 (2009) (affirms Area Office's determination that contractor's request for recertification was inadequate to demonstrate it was small, especially when it included the same information the Area Office had used to determine originally that the contractor was other than small)

Size Appeal of KVA Electric, SBA No. SIZ-5057 (2009) (denies petition for reconsideration)

Size Appeal of Vista Engineering Technologies, LLC, SBA No. SIZ-5041 (2009) (reverses Area Office's size determination because it was based on the wrong NAICS code)

Size Appeal of El Poco Enterprises, Inc., SBA No. SIZ-5001 (2008) (request for reconsideration may not be based on changed circumstances)

Size Appeal of M&S Foods Ltd. Co., SBA No. SIZ-4988 (2008) (remand order)

Size Appeal of Batteries Plus of Sumter, LLC, SBA No. SIZ-4980 (2008) (non-manufacturer rule; simplified acquisition procedures)

Size Appeal of USA Jet Airlines, Inc., SBA No. SIZ-4969 (2008) (request for reconsideration; clarifies conclusion of prior decision)

Size Appeal of White Hawk/Todd, a Joint Venture, SBA No. SIZ-4968, 4950 (PFR) (2008) (denies petition for reconsideration of White Hawk II)

Size Appeal of TKTM Corp., SBA No. SIZ-4905 (2008) (denying petition for reconsideration that did not allege any errors in original decision)

Size Appeal of Global Solutions Network, Inc., SBA No. SIZ-4892PFR, -4881 (2008) (motion for reconsideration denied)

Size Appeal of Precision Lift, Inc., SBA No. SIZ-4876 (Dec. 17, 2007) (reverses Area Office determination that bidder did not propose to provide item manufactured by small domestic manufacturer)

Size Appeal of Hallmark-Phoenix Joint Venture, SBA No. SIZ-4870 (2007) (documentary evidence versus oral testimony; weight)

Size Appeal of USA Jet Airlines, Inc., SBA No. SIZ-4867 (2007) (order to supplement factual record and basis for decision)

Size Appeal of Fernandez Enterprises, LLC, SBA No. SIZ-4863 (2007) (country of manufacture)

NAICS Appeal of Inklings Media Company, LLC, SBA No. SIZ-4850 (2007) (NAICS Code 541330 v. 541710; note that the "SIZ" designation is probably the SBA's mistake--this is a NAICS appeal)

Size Appeal of Tikigaq Eng'g Services, LLC, SBA No. SIZ-4842 (2007) (offeror not engaged in business covered by NAICS code)

Size Appeal of Doyon Properties, Inc., SBA No. SIZ-4838 (2007) (meaning of "primarily engaged in")

Size Appeal of Columbus Technologies and Services, Inc., SBA No. SIZ-4831 (2007) (transactions between a concern and its affiliates)

NAICS Decisions

NAICS Appeal of Millennium Engineering and Integration Co., SBA No. NAICS-5309 (2011) (upholds Contracting Officer's assignment in NASA procurement of the exception for Military and Aerospace Equipment and Military Weapons under NAICS Code 541330, Engineering Services.

NAICS Appeal of InGenesis, Inc., SBA No. NAICS-5296 (2011) (solicitation for physicians' services was properly classified under NAICS Code 621111 (Offices of Physicians, Except Mental Health Specialists) rather than 622110 (General Medical and Surgical Hospitals))

NAICS Appeal of Ingenesis, Inc., SBA No. NAICS-5295 (Oct. 24, 2011) (solicitation for nursing services was properly classified under NAICS Code 621399 (Offices of All Other Miscellaneous Health Care Professionals) rather than NAICS Code 622110 (General Medical and Surgical Hospitals))

NAICS Appeal of AllSource Global Management, LLC, SBA No. NAICS-5292 (2011) (solicitation for administrative support services (including clerical, secretarial, logistical, and administrative services) to various health clinics was properly classified under NAICS Code 561110 (Office Administrative Services) rather than 561210 (Facilities Support Services))

NAICS Appeal of Technica Corp., SBA No. NAICS-5248 (2011) (solicitation for global information services grid management engineering, transition, and implementation was properly classified under NAICS Code 541512 (Computer Systems Design Services) rather than NAICS Code 517110 (Wired Telecommunications Carriers))

NAICS Appeal of Secure Network Systems, LLC, SBA No. NAICS-5246 (2011) (NAICS appeal filed based on a presolicitation (and before issuance of the actual solicitation) was premature)

NAICS Appeal of Quantum Research International, Inc., SBA No. NAICS-5206 (2011) (appeal filed more than 10 days after the issuance of the initial solicitation as untimely)

NAICS Appeal of SD Titan Resources/SM&MM, SBA No. NAICS-5187 (Jan. 26, 2011) (solicitation for leased modular vehicles should be classified under NAICS Code 236220 (Commercial and Institutional Building Construction) rather than either NAICS Code 321992 (Prefabricated Wood building Manufacturing), which had been the code designated by the Contracting Officer, or NAICS Code 531120 (Lessors of Nonresidential Buildings (except miniwarehouses)), which was the code proposed by the appellant)

NAICS Appeal of Bevilacqua Research Corp, SBA No. NAICS-5243 (2011) (affirms Contracting Officer's designation of NAICS code 541690, Other Scientific and Technical Consulting Services rather than 541712 (Research and Development in the Physical, Engineering, and Life Sciences (except Biology)

NAICS Appeal of NexOne, SBA No. NAICS-5233 (2011) (dismisses as premature appeal concerning presolicitation notice)

NAICS Appeal of Head, Inc., SBA No. NAICS-5214 (2011) (firm lacks standing to bring appeal because, in unrestricted procurement, it has not shown how it is eligible for any price or evaluation preference based on the NAICS designation in the solicitation)

NAICS Appeal of Phoenix Environmental Design, Inc., SBA No. NAICS-5212 (2011) (Contracting Officer should have assigned the manufacturing NAICS code 325320, Pesticide and Other Agricultural Chemical Manufacturing, instead of the wholesale trade NAICS code 424910, Farm Supplies Merchant Wholesalers, because RFQ is for supplies)

NAICS Appeal Deployment Medicine International, SBA No. NAICS-5188 (2011) (dismisses untimely NAICS appeal filed more than 10 days after solicitation issued)

NAICS Appeal of Hardie's Fruit & Vegetable Co., SBA No NAICS-5175 (2010) (reverses Contracting Officer's NAICS code designation of 111998 (all other miscellaneous crop farming) and holds the appropriate code is 311991 (perishable prepared food manufacturing))

NAICS Appeal of Hardie's Fruit & Vegetable Co. South, LP, SBA No. NAICS-5174 (2010) (dismisses, as untimely, appeal filed one day after 10 limit following issuance of solicitation)

NAICS Appeal of Nelson Engineering Co., SBA No. NAICS-5166 (2010) (reverses Contracting Officer's designation of code 561210 (facilities support services) and holds 541330 (professional engineering services) is the correct designation)

NAICS Appeal of AOC Connect, LLC, SBA No. NAICS-5165 (2010) (upholds Contracting Officer's designation of 517110 (wired telecommunications carriers) over 541512 (computer system design services)

NAICS Appeal of Dayton T. Brown, Inc., SBA No. NAICS-5164 (2010) (under solicitation for an Airworthiness Verification Program, upholds Contracting Officer's designation of code 541380 (testing laboratories) over 541712 (research and development in the physical, engineering, and life sciences (except biotechnology))

NAICS Appeal of King Aerospace, Inc., SBA No. NAICS-5159 (2010) (in procurement for aircraft maintenance, upholds Contracting Officer's designation of code 488190 (other support activities for air transportation) over 336411 (aircraft manufacturing))

NAICS Appeal of McKissack & McKissack, SBA No. NAICS-5154 (2010) (dismisses appeal as premature (because only a presolicitation notice has so far been issued) and for lack of jurisdiction (because procurement is unrestricted))

NAICS Appeal of Brian Scott, SBA No. NAICS-5150 (2010) (NAICS code 113310 (Logging) rather than 561760 (Landscaping Services) was appropriate for a forestry services contract for harvesting wood products)

NAICS Appeal of DKW Communications, Inc., SBA No. NAICS-5141 (2010) (dismisses appeal as moot after agency changed NAICS code)

NAICS Appeal of DCX-Chol Enterprises, Inc., SBA No. NAICS-5140 (2010) (design and development of a prototype under BAA is included under NAICS code 541712)

NAICS Appeal of 1^st American Systems and Services, LLC, SBA No.. NAICS-5119 (2010) (reverses Contracting Officer's designation of NAICS code 518210, in favor of 541611)

NAICS Appeal of Medical Comfort Systems, et. al., SBA No. NAICS-5106 (2010) (reverses Contracting Officer's NAICS determination and holds correct code is 532291)

NAICS Appeal of Systronics, Inc., SBA No. NAICS-5092 (2009) (affirms determination that appropriate NAICS code is 488190 rather than 334513)

NAICS Appeal of Engineering Services Network, Inc., SBA No. NAICS-5064 (2009) (NAICS Code 541611 is appropriate because the procurement does not contemplate an IT contract for the design and planning of a computer system even though it involves computer services)

NAICS Appeal of The Centech Group, Inc.. SBA No. NAICS-5061 (2009) (dismisses appeal involving FAA because FAA is not subject to Small Business Act)

NAICS Appeal of American Systems Corp., SBA No. NAICS-5060 (2009) (dismisses appeal because appellant failed to respond to motion asserting that it was other than small and, thus, lacked standing)

NAICS Appeal of Genome Communications, SBA No. NAICS-5056 (2009) (dismisses untimely appeal filed more than 10 days after solicitation issued and not after an amendment that affects the solicitation's NAICS code)

NAICS Appeal of Davis-Paige Management Systems, LLC, SBA No. NAICS-5055 (2009) (denies appeal; NAICS Code 541712 is appropriate code for solicitation)

NAICS Appeal of Inklings Media Co., SBA No. NAICS-5054 (2009) (denies appeal; NAICS Code 54130 best describes principal purpose of solicitation)

NAICS Appeal of Information Ventures, Inc., SBA No. NAICS-5037 (2009) (upholds use of 519130 code)

NAICS Appeal of DCX/CHOL Enterprises, SBA No. NAICS-5033 (2009) (upholds use of 334512 code)

NAICS Appeal of Dynamac Corp., SBA No. NAICS-5025 (2009) (541712 code--"research and development"--requires both; upholds use of 541990)

NAICS Appeal of Computer Cite, SBA No. NAICS-5010 (2008) (upholds classification for procurement of 517110)

NAICS Appeal of Ukpik, LLC, SBA No. NAICS-5006 (2008) (NAICS appeal filed as a result of pre-solicitation notice is premature)

NAICS Appeal of i2S, Inc., SBA No. NAICS-5004 (2008) (NAICS Code 541990 appropriate for solicitation for counterintelligence services)

NAICS Appeal of Genome-Communications, SBA No. NAICS-5002 (2008) (affirms use of 611710 code in solicitation for creation of educational courses)

NAICS Appeal of Genome-Communications, SBA No. NAICS-5000 (2008) (dismissing frivolous appeal raising issues not for decision by OHA)

NAICS Appeal of Genome-Communications, SBA No. NAICS-4995 (2008) (small business lacks standing to challenge NAICS code designation of unrestricted procurement unless it can show it has been adversely affected)

NAICS Appeal of Genome-Communications, SBA No. NAICS-4992 (2008) (timeliness; untimely appeal within 10 days of solicitation amendment that did not call into question the original NAICS code in the solicitation)

NAICS Appeal of Dellew Corp., SBA No. NAICS-4983 (2008) (untimely appeal within 10 days of solicitation amendment that did not call into question the original NAICS code in the solicitation)

NAICS Appeal of Computer Cite, SBA No. NAICS-4979 (2008) (overturns use of 517110 code in favor of 811213)

NAICS Appeal of Ukpik, LLC, SBA No. NAICS-4975 (2008) (untimely NAICS appeal)

NAICS Appeal of Computer Cite, SBA No. NAICS-4964 (2008) (overturns use of NAICS code 517110 in favor of 811213)

NAICS Appeal of Computer Cite, SBA No. NAICS-4962 (2008) (appeal based on pre-solicitation notice is premature)

NAICS Appeal of Information Ventures, Inc., SBA No. NAICS-4953 (2008) (grants appeal and establishes a NAICS code chosen by OHA that was not advocated by either party)

NAICS Appeal of EnergX, LLC, SBA No. NAICS-4952 (2008) (principal purpose of procurement)

NAICS Appeal of K-Mar Industries, Inc., SBA No. NAICS-4946 (2008) (upholds use of 541990)

NAICS Appeal of DCX/CHOL Enterprises, Inc. SBA No. NAICS-4939 (2008) (NAICS appeal dismissed where contract already has been awarded)

NAICS Appeal of GEM Technologies, SBA No. NAICS-4902 (2008) (appeal of presolicitation notice is premature)

NAICS Appeal of EnergX, LLC, SBA No. NAICS-4901 (2008) (appeal of presolicitation notice is premature)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4899 (2008)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4893 (2008) (propriety of NAICS 334419 designation)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4890 (2008) (propriety of NAICS 336992 designation)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4891 (2008) (impropriety of N334419 designation)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4889 (2008) (impropriety of NAICS 221122 designation)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4886 (2008) (request for reconsideration denied)

NAICS Appeal of DCX/CHOL Enterprises, Inc., SBA No. NAICS-4883 (2008) (propriety of NAICS 334419 designation)

NAICS Appeal of Information Ventures, Inc., SBA No. NAICS-4882 (2008) (upholds use of research and development NAICS code, 541712)

NAICS Appeal of DCX/CHOL Enterprises, SBA No. NAICS-4880 (2008) (dismisses appeal as untimely because not filed until more than 10 days after solicitation issued)

NAICS Appeal of DCS Corp., SBA No. NAICS-4874 (2007) (NAICS code 541712 is correct code for a contract for Sensor Technology Engineering Support)

NAICS Appeal of Information Technology Systems, LLC, SBA No. NAICS-4855 (2007) (failure to locate solicitation on Corps. of Engineer website does not excuse untimely NAICS since official site is FedBizOps)

NAICS Appeal of King's Thrones, SBA No. NAICS-4845 (2007) (only timely limit to appeal failure of agency to designate any NAICS code at all in small business set-aside is completion of contract performance since such a solicitation is "continuously" defective)

VET Decisions

Matter of Major Contracting Services, SBA No. VET-226 (Jan. 2012) (affirms dismissal of untimely protest of SDVOSB status because time period started from day notice was received by email at 4:43 p.m., which was prior to 5 p.m. close of business)

Matter of Benetech, LLC, SBA No. VET-225 (2011) (service-disabled vet who, under Louisiana law, shares management responsibilities with another member of the LLC, does not control LLC as required by 13 C.F.R. 125.10)

Matter of A1 Procurement LLC/JVS, SBA No. VET-223 (2011) (two service-disabled veterans share control of the contested firm and that the firm is not disqualified as an SDVOSB by facts that a non-SDVOSB holds minority interest in firm or that the SDVOSB is dependent on non-SDVOSB for required licenses)

Matter of Mission Essentials, LLC, SBA No. VET 222 (2011) (protest alleging challenged firm failed to comply with joint venture regulation covering SDVOSB's at 13 C.F.R. 125.15(b) was sufficiently specific and should not have been dismissed)

Matter of Fidelis Design & Construction, LLC, SBA No. VET-221 (2011) (protest properly dismissed as insufficiently specific; fact that firm is not listed in VetBiz database is not grounds for protest in a non-VA procurement)

Matter of Marine Construction Services, LLC, SBA No. VET-218 (2011) (dismisses as untimely appeal filed more than 10 days after receipt of AD/GC's decision)

Matter of Artis Builders, Inc., SBA No. VET-214 (2011) (upholds SBA's finding that non-SDV had power to control Board of Directors)

Matter of Construction Engineering Services, LLC, SBA No. VET-213 (2011) (for an SDVO joint venture, it is not required that the SDV control the joint venture, but the two-step analysis is: (i) whether the SDVO SBC joint venture partner meets the SDVO SBC program eligibility requirements set forth in Subpart B of 13 C.F.R Part 125; and, then, (ii) whether the joint venture meets the requirements of 13 C.F.R. § 125.15(b))

Matter of Fidelis Design and Construction, LLC, SBA No. VET-211 (2011) (OHA lacks jurisdiction over VA's Office of Small and Disadvantaged Business Utilization's determination that firm was not eligible SDVOSB)

Matter of A1 Procurement, JVD, SBA No. VET-210 (2011) (dismisses protest as not sufficiently specific under 13 C.F.R. 125.25(b), 125.26(a)

Matter of METRiX Enterprise Solutions, Inc., SBA No. VET-208 (2010) (vacates SBA's determination that firm was not an eligible SDVOSB because the protest on which that determination was made was legally insufficient)

Matter of B&C Facility Services, Inc., SBA No. VET-207 (2010) (dismisses appeal as untimely)

Matter of Major Contracting Services, Inc., SBA No. VET-206 (2010) (remands case on SBA's suggestion that it may have made error in its initial determination)

Matter of VETcorp, Inc., SBA No. VET-205 (2010) (affirms SBA's dismissal of protest for lack of specificity)

Matter of Airborne Construction Services, LLC, SBA No. VET-204 (2010) (SBA's OHA lacks jurisdiction over appeals from determinations by the VA’s Office of Small and Disadvantaged Business Utilization)

Matter of Airborne Construction Services, LLC, SBA No. VET-203 (2010) (overrules VET-197 below)

Matter of ETSC, LLC, SBA No. VET-202 (2010) (affirms dismissal of protest for lack of specificity)

Matter of Hamilton Pacific Chamberlain, LLC, SBA No. VET-201 (2010) (affirms SBA determination that firm is not an eligible SDVOSB)

Matter of Michael Ogden Pratt, SBA No. VET-200 (2010) (SBA erred in concluding small business' management and day-to-day operations were not controlled by service-disabled veteran simply because the veteran was also a full-time medical student)

Matter of Reese Goel JV, SBA No. VET-199 (2010) (SBA OHA has no jurisdiction to hear appeal from determination by VA's Office of Small and Disadvantaged Business Utilization)

Matter of United Medical Design Builders, LLC, SBA No. VET-197 (2010) (service-disabled veteran is not the managing member of the LLC and does not control its management and daily business operations)

Matter of KDV, Inc., SBA No. VET-195(PFR) (2010) (denies petition for reconsideration of VET-189)

Matter of Valor Contracting, LLC, SBA No. VET-194 (2010) (Operating Agreement did not establish sufficient ownership and control by service-disabled veteran)

Matter of JHC Firestop, Inc., SBA No. VET-193 (2010) (reverses agency's dismissal of protest allegation that owner was not service-disabled vet as not sufficiently specific)

Matter of America's Pride, Inc., SBA No. VET-192 (2010) (dismisses protest because Area Office decided to accept original protest as timely)

Matter of Excelsior Defense, Inc., SBA No. VET-191 (2010) (dismisses protest in negotiated procurement filed more than five days after notice of apparently successful offeror as untimely)

Matter of Corners Construction, SBA No. VET-190 (2010) (affirms determination firm is not eligible SDVOSB because its General Partnership Agreement is ambiguous and service-disabled vet does not have sufficient experience to control the firm)

Matter of KDV, Inc., SBA No. VET-189 (2010) (service-disabled vet does not control firm's daily operations and does not have requisite experience to manage work required by solicitation)

Matter of AVMAJ Joint Venture, SBA No. VET-188 (2010) (failure to submit bylaws requested by SBA to ascertain control of firm)

Matter of SDV Solutions, Inc., SBA No. VET-185 (2010) (denies petition for reconsideration of VET-176; VA's "verification" process applies only to VA set-aside program)

Matter of Malouf Group, LLC, SBA No. VET-184 (2010) (dismisses appeal as moot where SBA has already taken corrective action)

Matter of Chevron Construction Services, LLC, SBA No. VET-183 (2010) (SBA's determination that service-disabled veteran could not exercise independent business judgment in managing his firm was not adequately explained or supported in the record--remands for additional findings on required licenses and oral lease)

Matter of Castle-Rose, Inc., SBA No. VET-180 (2010) (affirms dismissal of original protest that lacked specific allegations)

Matter of Castle-Rose, Inc., SBA No. VET-179 (2010) (affirms dismissal of protest containing only unsupported and non-specific allegations

Matter of SDV Solutions, Inc., SBA No. VET-176 (2010) (affirms dismissal of protest for lack of specificity)

Matter of JHC Fire Containment Solutions, Inc., SBA No. VET-173 (2010) (affirms dismissal of protest that does not (i) contain specific allegations that owners of protested firm cannot present documented evidence that they are service-disabled veterans or (ii) provide credible evidence that the challenged firm is not 51% owned and controlled by SDVs)

Matter of Stokes Webb, LLC, SBA No. VET-187 (2010) (dismisses appeal not timely filed at OHA)

Matter of Ironclad Services, Inc., SBA No. VET-186 (2010) (dismisses appeal as moot where agency has decided to address underlying protest on its merits)

Matter of Jordan-Reses Supply Co, LLC, SBA No. VET-182 (2010) (protest dismissed as speculative and raising a non-protestable issue not involving SDVOSB set-aside)

Matter of Tellic Corp., SBA No. VET-177 (2010) (protest is moot where solicitation has been cancelled; moreover, protest does not raise protestable issue)

Matter of VetIndy, LLC, SBA No. VET-175 (2010) (unclear that service disabled vet has sufficient time to exercise required control over operations and also unclear from Operating Agreement that he has power to control)

Matter of National Health Recruiting, Inc. , SBA No. VET-174 (2009) (dismisses untimely appeal--notice of appeal never sent to OHA)

Matter of Eagle Integrated Services, LLC , SBA No. VET-172 (2009) (Operating Agreement is ambiguous as to whether disabled vet has the required power to control)

Matter of Bancroft GS, Inc., SBA No. VET-171 (2009) (Area Office's failure to dismiss protest filed more than five days after bid opening was improper)

Matter of Teracore, Inc. , SBA No. VET-170 (2009) (whether responsibilities for another firm on another contract impedes disabled vet's ability to manage and control firm involved in disputed procurement)

Matter of Piedmont Contracting & Design, Inc., SBA No. VET-169 (2009) (lack of control by disabled vet when unanimous consent, including that of person who was not a disabled vet, was required to operate business)

Matter of Piedmont Contracting & Design, Inc., SBA No. VET-168 (2009) (lack of control by disabled vet when unanimous consent, including that of person who was not a disabled vet, was required to operate business)

Matter of Cooper-Glory, LLC, SBA No. VET-166 (2009) (joint venture owned by two other companies is not qualified as SDVOSBC)

Matter of Veterans Construction of South Carolina, LLC, SBA No. VET-164 (2009) (protest filed later than five days after bid opening in sealed bid procurement is untimely; protest must be in writing)

Matter of International Logistics Group, LLC, SBA No. VET-162 (2009) (lack of unconditional ownership when there was no ability to sell ownership interest at fair value to anyone the owner chose)

Matter of Advanced Environmental Solutions, Inc., SBA No. VET-161 (2009) (ownership and management of firm by disabled vet is not impeded by fact he owns another firm as well)

Matter of Robra Construction, Inc., SBA No. VET-160 (2009) (affirms SBA determination because of lack of sufficient documentation from VA of owner's status as service-disabled veteran)

Matter of DooleyMack Government Contracting, LLC, SBA No. VET-159 (2009) (overturns SBA decision that service-disabled veteran did not control business)

Matter of Markon, Inc., SBA No. VET-158 (2009) (firm not eligible when its highest officer position is not held by service-disabled vet)

Matter of C3T Construction Co., SBA No. VET-157 (2009) (affirms lack of protest for lack of requisite specificity under 13 C.F.R. §§ 125.25, .26)

Matter of One Step Ahead Enterprises, SBA No. VET-155 (2009) (affirms lack of protest for lack of requisite specificity under 13 C.F.R. §§ 125.25, .26)

Matter of Savant Services Corp., SBA No. VET-154 (2009) (affirms dismissal of protest as lacking requisite specificity)

Matter of Zap Electrical Services, Inc., SBA No. VET-152 (2009) (affirms dismissal of untimely appeal)

Matter of A. Grant Services, SBA No. VET-151 (2009) (dismisses untimely appeal)

Matter of Command Languages, Inc., SBA No. VET-149 (2009) (irrelevance to issue of control of corporate location in United States when operations are overseas)

Matter of Teamus Construction Co., SBA No. VET-148 (PFR) (2009) (dismisses untimely request for reconsideration)

Matter of In and Out Valet, SBA No. VET-147 (2009) (dismisses as untimely a protest filed more than five days after notice of apparently successful offeror)

Matter of Teamus Construction Co., SBA No. VET-146 (2009) (lack of evidence of day-to-day managerial control by service disabled veteran)

Matter of Glen/Mar Construction, SBA No. VET-145 (2008) (dismisses protest of VOSB status because regulations governing such protests have not yet been promulgated)

Matter of Advant-Edge Solutions, SBA No. VET-144 (2008) (reverses Area Office's determination on merits of protest which should have been dismissed as untimely)

Matter of Alliance Medical Services of Arizona, SBA No. VET-143 (2008) (untimely protest that also raises issues that should have been raised as protest to procuring agency, not to SBA)

Matter of Heritage of America, LLC, SBA No. VET-142 (2008) (lack of sufficient ownership and control by service-disabled veteran; control over "all" decisions)

Matter of NEIE Medical Waste Services, LLC, SBA No. VET-141 (2008) (remands case to Area Office to determine if sealed bid procedures were followed in solicitation (which would render protest untimely))

Matter of Nelco Diversified, SBA No. VET-140 (2008) (individual was not a service-disabled veteran on required date and did not have sufficient ownership and control of firm)

Matter of DAV Prime/Vantex Service Joint Venture, SBA No. VET-138 (2008) (day to day control and management by service disabled veteran)

Matter of Firewatch Contracting of Florida, LLC, SBA No. VET-137 (2008) (lack of control by service disabled vet over all decisions; supermajority vote)

Matter of Everything Parking, Inc., SBA No. VET-136 (2008) (lack of documentation to establish service-disabled owner held highest officer position and was member of board of directors)

Matter of Cambridge Federal Solutions, LLC, SBA No. VET-135 (2008) (control; evidence: failure of appellant to submit amendment to Operating Agreement which shows control by SDV)

Matter of LMC Governmental Services, Inc., SBA No. VET-134 (2008) (untimely protest filed more than five days after bid opening on IFB)

Matter of Singleton Enterprises-GMT Mechanical, a Joint Venture, SBA No. VET-133 (PFR), -130 (2008) (denies petition for reconsideration of VET-130)

Matter of NuGrate Group, SBA No. VET-132 (2008) (lack of control by SDV)

Matter of Cambridge Federal Solutions, LLC, SBA No. VET-131 (2008) (burden of proof; email submission of documents requested by agency to verify SDVOSB status; duty of agency to provide copy of protest file to appellant)

Matter of Singleton Enterprises-GMT Mechanical, a JV, SBA No. VET-130 (2008) (lack of control by SDV)

Matter of Cedar Electric, Inc./Pride Enterprises, Inc., JV, SBA No. VET-129 (2008) (ownership and control by SDV; inability to cure control issues after submission of offer)

Matter of McGoldrick Construction Services Corp., SBA No. VET-127 (2008) (SDVOSB's reliance on another firm for assistance in preparing bids and other services is not enough to jeopardize its SDVOSB status)

Matter of E2 Si-SaLUT, SBA No. VET-126 (2008) (location of SDV in relation to non-construction worksite)

Matter of MED-Trends, Inc., SBA No. VET-124 (2008) (untimely appeal of protest determination)

Matter of Gonneville, Inc., SBA No. VET-125 (2008) (lack of specificity in protest)

Matter of IITS Nabholz, LLC, SBA No. VET-114 (2008) (inability to authenticate documentation attesting to service-disabled status; ownership issues; control issues--distance of alleged SDV from worksite)

Matter of CymSTAR, LLC, SBA. No. VET-123 (2007) (lack of sufficient control by SDV)

In the Matter of Service Disabled Veteran Manufacturing & ZAMS, Inc., SBA No. VET-122 (2007) (lack of specificity in protest of SDVOSB status)

Matter of JDDA/HBs Joint Venture, SBA No. VET-121 (2007) (lack of specificity in protest)

Matter of Four Points Technology, LLC, SBA No. VET-120 (2007) (control; lack of managerial experience)

In the Matter of SDV Solutions, Inc., SBA No. VET-119 (2007) (DGC's lack of authority to issue size determination after first SDV decision cited immediately below)

Matter of Ferrotherm Corp., SBA No. VET-118 (2007) (time for protesting SDVOSB status under procurement conducted using Simplified Acquisition Procedures)

In the Matter of SDV Solutions, Inc., SBA No. VET- 116 (2007) (an SBA Director of Government Contracting (DGC) lacks authority to make a size determination; firm did not establish its manager had the requisite experience and expertise to control and manage the firm)

Matter of C. Martin Co., Inc. and C-MARTEC, SBA No. VET-117 (2007) (grants motion to dismiss appeal)

Matter of Meadowgate Technologies, LLC, SBA No. VET-115 (2007) (failure of protested concern to respond to notice of protest)

Matter of of People Direct Placement Services, Inc., SBA No. VET-113 (2007) (overcoming supermajority voting requirements)

Matter of First Capital Interiors, Inc., SBA No. Vet-112 (2007) (managerial experience, day-to-day control)

8(a) Business Development Program Decisions

Matter of Spectrum Contracting Services, Inc., SBA No. BDP-378 (2010) (upholds SBA's determination that individual had not presented sufficient evidence to establish retinitis pigmentosa, which impaired his vision, had resulted in him being socially disadvantaged due to his physical disability)

Matter of Cybersoft International, Inc., SBA No. BDP-377 (2010) (dismisses appeal from a termination from 8(a) program whose only grounds was "unconditional apology" for failing to provide required documents in timely manner)

Matter of Alabasi Construction, Inc., SBA No. BDP-368 (2010) (upholds SBA's determination that applicant's evidence presented with regard to education, employment, and business history as Arab American of Iraqi descent, who was sometimes suspected (without evidence) of being terrorist was insufficient to establish negative impact upon entrance into or advancement in, business world, a requirement for finding of social disadvantage under 13 C.F.R. 124.103(c)(2)(iii))

Matter of NuRelm, Inc., SBA No. BDP-376 (2010) (dismisses appeal from termination from 8(a) program which alleges only that 8(a) annual update, although admittedly late, was complete when it was finally submitted)

Matter of Secure Trendz, Inc., SBA No. BDP-371 (2010) (dismisses as untimely an appeal filed more than 45 days after firm received the SBA's decision terminating it from 8(a) program).

Matter of Indigo Spectrum, Inc., SBA No. BDP-360 (2010) (same holding as preceding decision)

Matter of LCCCS, SBA No. BDP-373 (2010) (dismisses appeal from termination from 8(a) program because petitioner alleged only that “[d]ue to staff turnovers and server crashes,” firm was unable to retrieve information “which triggered a chain of delays to everyone that needed access to [the firm's] past and current tax information including SBA”)

Matter of Capitol Drywall Supply, Inc., SBA No. BDP-372 (2010) (dismisses appeal from termination from 8(a) program because petitioner alleged only that it had faced "challenges")

Matter of J. Millennium Enterprises, Inc., SBA No. BDP-370 (2010) (dismisses appeal from termination from 8(a) program because petitioner admitted it had not submitted required documents to SBA)

Matter of Royal Engineers & Consultants, LLC, SBA No. BDP-367 (2010) (dismisses as untimely appeal filed at wrong office)

Matter of Hazzard's Excavating and Trucking Co., SBA No. BDP-364 (2010) (allegation of a lack of support from the SBA's district office insufficient as excuse for termination from 8(a) program)

Matter of Dominican Services, Inc., SBA No. BDP-363 (2010) (denies motion for reconsideration, which was based on fact that the copy of SBA's original motion to dismiss sent to protesting firm was not signed, a defect OHA concluded was immaterial technical mistake, even though protester claimed that was the reason it had not responded to motion (which was the reason the OHA had dismissed its original appeal))

Matter of Dominican Services, Inc., SBA No. BDP-359 (2010) (dismisses appeal for failure to file response to motion to dismiss)

Matter of Office Design Group, Inc., SBA No. BDP-355 (2010) (upholds SBA decision denying eligibility status to firm because disadvantaged individual did not hold its highest officer position and non disadvantaged officer received higher compensation)

Matter of Young Transportation, Inc., SBA No. BDP-353 (2010) (dismisses appeal for failure to timely respond to motion to dismiss)

Matter of DRM International, Inc., SBA No. BDP-352 (2010) (untimely appeal filed more than 45 days after receipt of SBA's determination by certified mail)

Matter of H Squared Industries, Inc., SBA No. BDP-349 (2010) (upholds termination from 8(a) program)

Matter of A-Grand Carpet Co., SBA No. BDP-347 (2010) (dismisses appeal because firm failed to submit timely response to dispositive motion)

Matter of QC Management, Inc., SBA No. BDP-346 (2010) (remands case to SBA to articulate whether 8(a) firm's owner continues to suffer from diminished credit and capital opportunities)

Matter of Hazzard's Environmental and Trucking Co., SBA No. 345 (2010) (grants SBA's request to dismiss appeal of termination from 8(a) program because of protester's pattern of failing to provide required documentation to SBA to establish its continued eligibility for 8(a) program)

Matter of David's Custom Roofing & Painting, Inc., SBA No. BDP-344 (2010) (dismisses appeal as moot because contractor reached end of its nine-year program term)

Matter of Aries Computer Systems, Inc., SBA No. BDP-343 (2010) (dismisses for lack of jurisdiction appeal that did not dispute the contractor had failed to make timely submissions required by SBA)

Matter of American Building Cleaning, LLC, SBA No. BDP-342 (2010) (summary decision upholding termination from program for failure to submit required documentation)

Matter of ACE Sheetmetal, LLC, SBA No. BDP-341 (2010) (dismisses appeal for failure to comply with order to correct defects in appeal document)

Matter of Floyd D. Townsend & Associates, SBA No. BDP-339 (2010) (affirms summary dismissal of appeal for failure to make required submissions of documentation in timely manner)

Matter of NSN, LLC, SBA No. BDP-338 (2010) (summary dismissal from 8(a) program because firm's "assertion that its failure to file SBA’s required documents was the result of forgetfulness and a building receptionist’s mishandling of mail does not raise a defense to the grounds for termination")

Matter of Peniel Solutions, LLC, SBA No. BDP-336 (2009) (errors and omissions in SBA's administrative record do not support decision to graduate firm from 8(a) program based on lack of economically disadvantaged status)

Matter of J. R. Ramon & Sons, Inc., SBA No. BDP-333 (2009) (summary dismissal of appeal because firm already has used up its one-time eligibility in the 8(a) program)

Matter of Avellan Systems International, Inc., SBA No. BDP-332 (2009) (upholds SBA decision to deny eligibility for 8(a) program based on SBA's calculations of income for purposes of determining economic disadvantage; requests SBA to do a better job of clarifying its calculations in the future)

Matter of GC Upstate Environmental Solutions Corp., SBA No. BDP-330 (2009) (summarily dismisses appeal for failure to submit required documentation to OHA showing why appeal is not untimely)

Matter of Science & Technology Solutions, Inc., SBA No. BDP-329 (2009) (summary dismissal of appeal from termination from 8(a) program because firm failed to submit required documentation prior to termination)

Matter of the VBP Group, LLC, SBA No. BDP-326 (2009) (upholds program termination because applicant falsely stated on 8(a) program application that he was not federal employee at the time of application)

Matter of Synergy Communications & Entertainment, Inc., SBA No. BDP-322 (2009) (upholds termination from program because business failed to heed repeated demands by the SBA to provide required information concerning its continued eligibility)

Matter of Tony Vacca Construction, Inc., SBA No. BDP-321 (2009) (finds business owner is socially disadvantaged because of injuries suffered during military service)

Matter of Puente One Construction Group, Inc., SBA No. BDP-318 (2009) (false statement in application)

Matter of Vastec Group, Inc., SBA No. BDP-316 (2009) (missing "Analysis" section)

Matter of Acclaim Systems, Inc., SBA No. BDP-315 (2009) (remands case to SBA to explain reasons why petitioner's response to termination letter was not adequate)

Matter of JMW Engineering, Inc., SBA No. BDP-312 (2009) (dismisses appeal as untimely, which was filed more than 45 days after receiving SBA's determination)

Matter of UTECH LLC, SBA No. BDP-311 (2009) (no jurisdiction over appeal from termination letter that has been withdrawn)

Matter of UTECH LLC, SBA No. BDP-309 (2009) (no jurisdiction over appeal from termination letter that has been withdrawn)

Matter of The Management Consulting Group, SBA No. BDP-300 (2008) (using adjusted gross income for purposes of determining whether individual is economically disadvantaged)

Matter of 21st Century Technologies, Inc., SBA No. BDP-299 (2008) (SBA should consider community property laws in considering net worth for purposes of determining whether an individual is economically disadvantaged; SBA did not adequately explain basis for determination that individual did not not have diminished capital and credit opportunities)

Matter of Timely Engineering Soil Tests, LLC, SBA No. BDP-297 (2008) (overturns SBA's refusal to admit firm into 8(a) program; firm's owner was subject to "chronic and substantial pay discrimination that negatively impacted his entry into and advancement in the business world")

Matter of Choc-Taw Construction, SBA No. BDP-295 (2008) (dismisses appeal of denial of admission to 8(a) program for lack of jurisdiction)

Matter of Kaspar Group, Inc., SBA No. BDP-292 (2008) (no appeal allowed from denial of admission into 8(a) program if that denial is based, even in part, on any criterion other than social disadvantage, economic disadvantage, ownership, or control)

Matter of FSH Enterprises d/b/a Enviroscape Constructors, SBA No. BDP-289 (2008) (dismissing untimely appeal from termination from 8(a) program)

Matter of Digital Management, Inc., SBA No. BDP-288 (2008) (firm whose owner is no longer disadvantaged should be graduated rather than terminated from 8(a) program)

Matter of Alaka'i Consulting & Engineering, Inc., SBA No. BDP-285 (2008) (orders further proceeding because SBA failed to deduct spouse's share of income in considering owner's net income and net worth)

Matter of Joint Military Development Services, LLC, SBA No. BDP-282 (2008) (no jurisdiction over appeal of original denial based on firm's lack of potential for success in program)

Matter of S.C.M. Maintenance Corp, SBA No. BDP-281 (2008) (dismisses appeal as untimely)

Matter of J. W. Machine Co., SBA No. BDP-278 (2008) (appeal dismissed for failure to comply with requirements for content of appeal letter)

Matter of The Patrick Wolffe Group, Inc. SBA No. BDP-275 (2008) (no jurisdiction over appeal because denial was not based solely on a negative finding of social disadvantage, economic disadvantage, ownership, control, or any combination of these four criteria)

Matter of Horses First, Inc., SBA No. BDP-273 (2008) (dismisses appeal as untimely)

Matter of Woodsman Construction, SBA No. BDP-263 (2007) (dismisses appeal of denial of admission to 8(a) program for lack of jurisdiction because based in part on negative determination of potential for success, which is not appealable to OHA)

Matter of Caribb Dynamics, LLC, SBA No. BDP-260 (2007) (untimely appeal from termination from 8(a) program)

Matter of L.D.V., Inc., SBA No. BDP-257 (2007) (Government's motion for reconsideration denied; OHA considers only the grounds for termination stated in the decision being appealed)

Matter of AngeLink, Inc., SBA No. BDP-254 (2007) (failure to provide SBA with required and requested information)

Matter of Commercial Roofing of Delaware, Inc., SBA No. BDP-253 (2007) (untimely appeal)

Matter of L.D.V., Inc., SBA No. BDP-252 (2007) (control or power to control through loan)

SDBA Decisions

Matter of Robert Beegle, Jr. - Farrier, SBA No. SDBA-181 (2008) (timely appeal cannot cure untimely request for reconsideration)

Matter of Med-Choice, Inc., SBA No. SDBA-179 (2008) (overturns the SBA's negative determination of social disadvantaged status in part because the SBA examined the status of the wrong individual and did not provide adequate explanation of its determination)

Matter of Ace Technical, LLC, SBA No. SDBA-178 (2008) (overturns Area Office's determination because it did not follow the procedures mandated by 13 C.F.R. 124.1008(f)(2) and set forth the SBA’s specific eligibility findings as they relate to each significant incident alleged by the petitioner in its social disadvantage and economic disadvantage statements)

Matter of Colamco, Inc., SBA No. SDBA-176 (2007) (overturns SBA's negative determinations because they applied shifting standards without explanation of AGI threshold, percentile cutoff, and comparison year)

WBC Decisions

Matter of CHARO Community Development Center, SBA No. WBC-105 (2010) (upholds non-renewal of cooperative agreement because appellant admitted it failed to comply with requirements of cooperative agreement)

Matter of Women's Venture Fund, SBA No. WBC-104 (2010) (dismisses firm's appeal for lack of jurisdiction)

Matter of Women's Venture Fund, SBA No.. WBC-103 (2009) (denies request for reconsideration of WBC-102)

Matter of Women's Venture Fund, SBA No. WBC-102 (2009) (lifts suspension of WBC awards to contractor because, at the time the suspension was imposed, there had been no final agency decision by the OHA as required by Appendix B of the contractor's Cooperative Agreement)

Matter of CHARO Community Development Corp., SBA No. WBC-101 (2009) (grants request for reconsideration of CHARO I (immediately below) and concludes that SBA has established a de novo hearing at the OHA under the APA as a contractor's recourse for contested SBA actions under WBC cooperative agreements)

Matter of CHARO Community Development Center, SBA No. WBC-100 (2008) (throws out SBA's non-renewal of WBC status because the SBA has not established any procedures for notice of, and opportunity to contest, such decisions, thus violating the participant's due process rights)

This website links to resources on the web concerning government contracting. It is not intended to provide legal advice. Moreover, I do not vouch for the completeness, currency, or accuracy of the sites to which it links. If you have comments, suggestions, or corrections, please email me. Stan Hinton, Frisco, Texas. Law practice limited to federal government contracts.