Minority Members’ Businesses Irrelevant to Size Determination If Members Cannot Exercise Control; SBA No. SIZ-5952, Size Appeal of GC&V Constr. LLC

Appeal of the SBA area office’s size determination is granted, where the area office misinterpreted the operating agreements of the appellant and an affiliated firm to mean that minority owners could block business decisions absent unanimous consent, and where this error led the area office to draw an adverse inference from the appellant’s refusal to provide tax and corporate documents from firms owned by the minority members.