Explaining SBA Rules for Partnering & Teaming for Small Business Success | Government Contracting
Eric Coffie Eric Coffie
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 Published On Premiered Jul 10, 2023

Today's guest is Adam Lasky, a partner at Seyfarth Shaw, where he focuses his legal practice on helping clients win and navigate government contracts. While Adam represents contractors on a wide variety of government contracting issues, his primary focus areas are bid protests, SBA regulatory compliance issues, joint venture and teaming agreement transactions, and claims/disputes.

In this episode we discuss what makes SBA regulations so complicated, calculate small business standard size and what is affiliation. As a small business, you are constantly attesting to your size – so if you are mis-certifying your size and someone finds out, there are large penalties. What happens when two companies have to bring their size together? Different size standards for loans versus contracts? And yes it matters for loans also.

Over the past decade, Adam has successfully represented government contractors in bid protests before the Government Accountability Office (GAO), U.S. Court of Federal Claims, FAA Office of Dispute Resolution for Acquisition, administrative agencies, and state courts. During that time, he has protested and defended well over a billion dollars in procurement and contract awards across a wide variety of industries, and has achieved amongst the highest GAO bid protest sustain rates in the nation.

Adam is also the author of several articles and book chapters on bid protests, including “A Practitioner's Road Map to GAO Bid Protests” and “Roadmap to Bid Protests at the U.S. Court of Federal Claims” (ABA 2010 & 2018), and the bid protests chapter of “Federal Government Construction Contracts” (ABA 2nd and 3rd eds.).

This is an episode for companies that are in growth mode or they see that in their future. Growing by teaming up or taking on mentors and joint Ventures are all common strategies. But given the uncertainty between rules, regulations, and policies, who to turn to, what is applicable, and why it all matters is a crucial part of the equation to remain compliant while growing.

SBA’s size standards determine whether or not your business qualifies as small: https://bit.ly/48RP8Ma

⚡Connect with
• Linkedin:   / adam-lasky  
• Company Linkedin:   / seyfarth-shaw  
• Website: https://www.seyfarth.com
• Facebook:   / official.seyfarthshaw  
• Instagram:   / seyfarthshawllp  
• Youtube:    / @seyfarthshawllp  
• Articles:
Roadmap to Bid Protests at the U.S. Court of Federal Claims: https://bit.ly/402a6Ek
A Practitioner's Road Map to GAO Bid Protests: https://bit.ly/46sB2zb

⚡Follow Eric Coffie on Social Media
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• LinkedIn:   / ecoffie  
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🗣 Contact Info
• Text me for questions: 786-261-0448
• Call our office for help: 786-477-0477
• Email your questions @ [email protected]

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Explaining SBA Rules for Partnering & Teaming for Small Business Success Government Contracting
📜 Chapters
00:00 Intro
00:46 Adam Lasky, partner @ Seyfarth Shaw LLP
01:24 Common issue with new companies
07:19 What is Affiliation?
11:17 Size Affiliation Rule for loans
13:44 Does it also apply to large companies?
15:50 Things to look up when working with large businesses
19:51 Sensible Subcontractor
23:21 Affiliation rules in bonding up scenario
27:06 What if key personnel came under your payroll?
30:49 Executive Orders not being in the Regulations
34:35 Waiver on Bonafide Office Rule
37:50 SBA changing policies to support small businesses
39:50 How did you get into government contracting & SBA?
43:03 Parting Words
45:40 Where to learn more about SBA Regulations
49:22 Outro

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