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News/Protests & Claims/Appellant Violates Ostensible Subcontractor Rule Despite Performing Primary and Vital Requirements of Contract; SBA No. Siz-5806, Size Appeal of Charitar Realty
News·Protests & Claims Brief

Appellant Violates Ostensible Subcontractor Rule Despite Performing Primary and Vital Requirements of Contract; SBA No. Siz-5806, Size Appeal of Charitar Realty

Appeal of the area office’s determination that appellant is affiliated with its subcontractor and therefore not a small business for the purpose of the procurement is denied, and the size determination is affirmed, where the appellant was unusually reliant on its subcontractor, which was the incumbent contractor and ineligible to compete for the award; where the appellant planned to hire the large majority of its workforce from the subcontractor; where the appellant’s primary contract manager previously worked for the subcontractor on the incumbent contract; and where the appellant relied on the subcontractor’s corporate experience and past performance for its proposal.

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