Photo of Olivia LynchPhoto of Amy Laderberg O'SullivanPhoto of Michael SamuelsPhoto of Zachary Schroeder

In this bullet point, Olivia Lynch, Amy O’Sullivan, Michael Samuels, and Zachary Schroeder address the SBA Office of Hearings and Appeals’ (OHA) recent decision in DSC-EMI Maintenance Solutions, LLC, SBA No. SIZ-6096. In the decision, OHA affirmed a size determination holding that a joint venture formed pursuant to SBA’s Mentor-Protégé Program was other-than-small because the joint venture agreement failed to contain all provisions required by the SBA’s joint venture regulation. As a result, the joint venture was ineligible for the exemption from affiliation under SBA’s joint venture affiliation rule.