OHA Finds Awardee Affiliated with Two Incumbent Ostensible Subcontractors; SBA No. SIZ-5867, Equity Mortgage Solutions, LLC

The SBA Office of Hearings and Appeals held that the SBA area office incorrectly determined that the awardee complied with the ostensible subcontractor rule, where the prime contractor proposed to rely on the incumbent large business and an incumbent large subcontractor for performance; where the prime contractor would hire its management staff from its subcontractor; where the prime contractor would hire the majority of its workforce from its subcontractors; and where the area office did not consider whether the contracting officer considered the impact of the prime contractor’s own experience on the past performance evaluation.