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Guard Your Proprietary Information Carefully

by Richard D. Lieberman, Consultant | Mar 24, 2020 | Intellectual Property, Rules and Regulations, Small Business

A recent GAO decision on a protest that alleged that the agency improperly released the protester’s proprietary information is a case study on the contractor’s failing to guard its proprietary information carefully.  Centerra Integrated Facilities Servs., LLC,...

Agency Improperly Allowed Large Awardee To Include Its Overheard And Profit In Small Business Calculation

by Richard D. Lieberman, Consultant | Oct 22, 2019 | Small Business

The Government Accountability Office (“GAO”) recently sustained a protest against a U.S. Air Force award where there was a specific material requirement for small business participation, and the awardee allowed a large business to include its overhead and profit in...

Even if Procurement is not set aside for Small Business, Sometimes a Contractor May Appeal

by Richard D. Lieberman, Consultant | Aug 27, 2019 | Small Business

A recent appeal of a North American Industry Classification System (“NAICS”) code demonstrates that there are certain circumstances where a contractor may appeal the code, even if it is contained in a procurement that is not set aside for small business. Keystone...

Affiliation: Common Ownership is Different from Common Management

by Richard D. Lieberman, Consultant | Jun 18, 2019 | Small Business

Under the Size Regulations of the Small Business Administration (“SBA”), when there is affiliation between two or more businesses, the resources of all affiliates are counted in determining if the business is “small” or “not small.” A recent case at the SBA Office of...

Women Must Have Experience and Technical Expertise to Qualify as WOSB

by Richard D. Lieberman, Consultant | Jun 11, 2019 | Small Business

The Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) has clearly indicated that a Woman-Owned concern must meet the criteria in the Women-Owned Small Business (“WOSB”) regulations in order to qualify for procurements set aside for...

Details of the “Present Effect” Rule

by Richard D. Lieberman, Consultant | Apr 16, 2019 | Small Business

In a long and detailed opinion, the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) discusses many of the bases of the “present effect” rule which is found in the SBA rules at 13 CFR §121.103(d). Size Appeal of Enhanced Vision...
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This blog does not provide any legal advice regarding any particular transaction.

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