Small Business Size Standards and Affiliation: Lessons for Every Federal Contractor
Format: Live webinar (on-demand recording available on May 22)
Date: May 15, 2025
Time: 1:00 p.m. EDT
Duration: Approx. 90 minutes
Instructors: Shane McCall and Greg Weber, Koprince McCall Pottroff, LLC
Learning Credits: 1.5 CPEs, 1.5 ATCs
*Your registration includes access to the on-demand recording.
Think your business qualifies as small for federal contracts? The SBA could see it differently, especially if you’re affiliated with another company (or two) without realizing it.
For small business set-aside contracts, including socioeconomic set-asides like the 8(a) program, a federal contractor must meet the SBA’s size standards. These size standards vary by industry and solicitation and are based on either average annual receipts or the number of employees. But size alone doesn’t tell the whole story. Many small businesses are surprised to learn that they could be deemed affiliated with other entities based on factors such as ownership, management, family relationships, or subcontracting. If the SBA finds companies affiliated, it will combine the receipts or employees of the various companies, which can disqualify a company from small business programs.
In this training, you will learn:
- How the SBA determines business size using receipts or employee counts
- When and how size standards apply in federal contracting
- Common size determination pitfalls small businesses face
- The SBA’s concept of affiliation and why it matters (and doesn’t always match up with common sense)
- The various SBA rules governing affiliation, and what does not trigger affiliation
- How sharing resources, including subcontracts, in certain contexts could trigger affiliation
- Examples of affiliation inspired by actual situations
- Tips for avoiding unintended affiliation and staying compliant
- What happens if you’re found “other than small”—and how to respond
Whether you’re new to federal contracting or looking to grow your small business through set-aside opportunities or partnering with small businesses, this session will give you the tools to know about small business size standards, affiliation, and positioning your company to play by these rules.
Target Audience:
- New entrants to government contracting who need to understand what can disqualify them from small business status;
- Established small businesses looking to grow through partnerships (e.g., joint ventures or subcontracts) and unaware of how those relationships might affect their size status;
- Companies pursuing or participating in SBA programs such as 8(a) Business Development Program; Women-Owned Small Business (WOSB); Service-Disabled Veteran-Owned Small Business (SDVOSB), and HUBZone;
- Consultants or advisors who work with small government contractors on compliance or business development
Speakers
-
Greg WeberAssociate Attorney, Koprince McCall Pottroff LLCGregory is an Associate Attorney at Koprince McCall Pottroff LLC. Greg’s practice area covers a wide variety of issues pertaining to federal government contracts law. When tackling issues for clients, Greg relies on his experience in complex federal and state regulatory matters to help clients navigate the intricate web of federal government contracts law and its administrative processes. He also uses his skills in research, communication, and drafting to provide clients with clear and concise solutions for many of their varied needs in several areas of government contracts litigation, including GAO bid protests and SBA size and status protests. He is also a regular contributor to the government contracting blog SmallGovCon.
-
Shane McCallEquity partner, Koprince McCall Pottroff LLCShane is an Equity Partner at Koprince McCall Pottroff LLC and Editor of the SmallGovCon federal contracting legal blog. He has authored multiple GovCon Handbooks including ones on Joint Ventures and Procedures and Pitfalls of Size Protests and Appeals. He assists small businesses in FAR and SBA compliance issues, transactional issues such as joint ventures and teaming agreements, and regularly litigates GAO bid protests, size and status protests (including under the SDVOSB program), and claims. Shane’s writing on small business government contracting matters can regularly be found at SmallGovCon, and his work has appeared in Contract Management magazine. He speaks on government contracting issues to audiences around the country. You can contact him at smccall@koprince.com.
Responses