Small Business Affiliation

The Small Business Administration (SBA) announced a new proposed rule on August 20, 2026 that will overhaul how it defines small businesses.[1] If finalized, the rule would be one…

Continue Reading Big Is Now Small?

One of the primary benefits offered by the Small Business Administration’s (SBA) mentor-protégé programs is the ability to operate outside the normal rules governing affiliation.  Generally speaking, SBA allows…
Continue Reading Freedom from Affiliation? Check Your Mentor-Protégé Joint Venture Agreement

Please see the following link for Fox Rothschild LLP’s Federal Contractors’ Guide to Small Business Administration Set-Aside Contracts, Size Standards, Size Protests, and Affiliation. 

https://www.foxrothschild.com/douglas-p-hibshman/publications/federal-contractors-guide-to-small-business-administration-set-aside-contracts-size-standards-size-protests-and-affiliation/

The federal government sets aside…
Continue Reading Federal Contractors’ Guide to Small Business Administration Set-Aside Contracts, Size Standards, Size Protests, and Affiliation

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule.

In a nutshell, ostensible contractor affiliation…
Continue Reading SBA: Ostensible Subcontractor Rule in Play Even Between Two Small Firms

Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract.  After losing battles at…
Continue Reading SBA Size Update: Strategies for Contesting Affiliation based on Economic Dependence

Government contractors looking to identify and mitigate indications of affiliation sometimes need look no further than their own family tree.

The Small Business Administration (SBA) assumes that two businesses owned…
Continue Reading Eye on Affiliation: The Role of Family Relationships in Size Determinations

Contractors seeking to avoid affiliation under the Ostensible Subcontractor Rule know the soundbite:  Your firm must self-perform the “primary and vital” contract requirements.

A small business prime contractor must zero…
Continue Reading SBA Finds Violation of Ostensible Subcontractor Rule – Even Though Contractor Performs “Primary and Vital” Requirements

Under the Small Business Administration’s regulations, two firms may partner as a joint venture to perform a small business set-aside contract, provided that each partner is a small business…
Continue Reading Eye on Affiliation: Joint Venture Partner Not Small Due to Economic Dependence