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Appendix F: SBA Administrative Ruling on Appeal of Cognetix, Inc.
Pages 95-102

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From page 95...
... Appendix F SBA Administrative Ruling on Appeal of Cognetix, Inc.
From page 96...
... Section 121.702(a) means only natural persons and does not include venture capital funds, pension funds, and corporate entities for purposes of an SBIR award.
From page 97...
... program. The title of the Phase II project is "Alpha-Conopeptides: Novel Rapid-Acting Muscle Relaxants." The applicable size standard for the SBIR program, including affiliates, is 500 employees.
From page 98...
... In distinguishing the facts in CBR from those in the instant proceeding, Appellant asserts in CBR, the challenged firm was wholly owned by a single corporation, whereas Appellant here is owned neither by corporations alone nor wholly by any single investor. Alternatively, Appellant asserts the Area Office erred in interpreting the CBR decision to mean that the term "individual" excludes venture capital funds and pension funds as well as corporations in determining SBIR eligibility.
From page 99...
... On May 23, 2003, Appellant filed a reply to OGC's comments. Appellant disagrees with OGC's brief and reiterates its appeal's assertions that the SBIR Program's legislative history clearly supports Appellant's eligibility for a Phase II award.
From page 100...
... at 60084. In discussing ownership, the SBA retained precisely the same language interpreted in CBR, except with respect to joint ventures: at least 51 percent owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States, Id.
From page 101...
... . Based on the above, the Administrative Judge concludes that, as of both April 2, 2003, Phase II award date determining Appellant's size eligibility and the present time, this Office's holding in CBR still governs the issue of whether the term "individuals" in 13 C.F.R.
From page 102...
... Because the 15th day was on a Saturday, the following business day (Monday) is the determinative date.


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