Understanding and Avoiding Affiliation under Small Business Contracting Programs

The SBA’s affiliation rules are a key component of eligibility for all of the federal procurement programs for small businesses. Indeed, whether two firms are affiliated can make the difference between winning or losing a protest and a valuable set-aside contract award. Therefore, large and small businesses that participate on set-aside contracts need to understand how affiliation arises and how it can be avoided. This session will give an extensive overview of the SBA’s affiliation rules, discuss exclusions from affiliation, and provide common pitfalls and tips to avoid affiliation.

Instructor Peter Ford is a partner at PilieroMazza and advises government contractors and commercial businesses on a broad range of federal procurement matters. He is adept at navigating issues related to eligibility for, and continued participation in, small business programs such as SBA’s 8(a) BD, SDVOSB, WOSB, and HUBZone programs and the VA’s VetBiz VIP program. He represents clients in actions before OHA, GAO, and ODRA. He also counsels federal contractors on FAR and small business regulation compliance, which includes auditing clients for potential size and affiliation issues.