Acquisition of 90 Percent of Firm Makes Acquirer Sole Successor-In-Interest, While Acquirer of Remaining 10 Percent is Affiliated Only With 10 Percent It Acquired; SBA No. SIZ-5858, Native Energy & Technology, Inc.
The SBA Office of Hearings and Appeals denied a size determination challenge that alleged the awardee was affiliated with a large firm by identity of interest, common management, the newly organized concern rule, and the totality of the circumstances, where OHA determined that awardee was not the successor-in-interest to the large firm, thus nullifying the asserted bases of affiliation.
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