SBA Set-Asides: Big Problems for Small Businesses

Without dwelling on the policy behind the set-aside program, or its ultimate impact on the taxpayer—questions which are best left to the legislators—it is the purpose of this article to examine the steps a business must take if it desires to bid on construction projects which are set aside for small businesses, and what it must do if faced with an adverse determination as to its size, and to point out some of the deficiencies in the present procedure. I. History and Purposes of the Small Business Administration II. Procedure Necessary to Obtain a Set-Aside Contract III. Shortcomings of Present Size-Determination Procedure IV. Appellate Procedure from an Adverse Size Determination V. Size Standard Regulations VI. Judicial Relief VII. Conclusio