If the SBA has denied your 8a certification application or your competition has filed an SBA size protest (often referred to as a size appeal or SBA size standards), you want to carefully and quickly review your options. SBA bid protest timelines are short and you must act quickly. To stand a chance of winning small business size appeal either at the SBA or Office of Hearings and Appeals (SBA OHA), you must be able to articulate a factual basis for the protest or dispute factual errors.
SBA bid protest rules are very fact-specific and small businesses often find themselves at risk of losing the size standards decision due to issues of affiliation and control, governed by 13 CFR 121.103. The SBA looks at the facts and response to the size protest to see if entities are affiliates of each other because one controls or has the power to control the other, or if a third party or parties control or has the power to control both. To prevail under SBA affiliation rules, you not only have to show that actual control does not exist but also that another does not have he power or ability to control.
Over 30 Years Combined Experience and Nationwide Reach: Watson & Associates, LLC, with law offices in Washington DC and Colorado, frequently represents federal contractors seeking to file or intervene in SBA bid protest litigation when challenging the small business size standard of a government contract awardee. We also serve as intervenor attorneys for the successful awardee who seeks to defend size protest cases. As one of the top law firms, SBA bid protest lawyers at Watson & Associates, LLC frequently litigate or defend small businesses in government contract protest cases. We help small businesses to assess the merits of any alleged violations of SBA size standards, file, or serve as intervenor’s counsel on behalf of our clients.
When the SBA issues an adverse small business size determination, we represent clients across the country by filing SBA OHA size appeals to show that the Area Office committed clear error in its decision.
Small Business Size Determinations & SBA Size Protest Appeal Legal Services
We carefully review the facts to make sure that government contracting agencies have acted fairly and within the bounds of the law. We litigate small business size determination cases that include:
- Aggressive litigation when meeting the small business definition
- Ostensible subcontractor rule violations;
- Similarly situated small business regulations
- Non Manufacturer Rule matters
- Small business affiliation disputes based on contractor teaming agreements and business partnerships;
- SBA 8a certification denials;
- False Claims Act civil and criminal cases
- Joint venture agreement disputes;
- Federal Government Contract Fraud Defense
- SBA Negative control definition
- Intervention and defense
- SBA 8a termination cases;
- Appeal of adverse SBA size determinations to SBA OHA, and
- Various issues under SBA size protest regulations.
- Affiliation based on PPP Loan Fraud violations
Application of New SBA Affiliation Rules
The SBA has launched new rules that small businesses should be aware of. When intervening or filing an SBA size protest, government contractors should be aware of the various applications of SBA law that could change the outcome of the case. Even under SBA affiliation rules, the SBA has wide discretion when deciding cases about affiliation arising under stock options, convertible securities, and agreements to merge; Affiliation based on common management; Affiliation based on identity of interest; Affiliation based on the newly organized concern rule., and Ostensible subcontractors. Our small business size protest lawyers file and defend SBA bid protest and OHA size appeals regarding common issues raised during litigation. Also, look into whether a business relationship between the prime and the subcontractor can run afoul of the similarly situated small business rules.
The SBA does make mistakes when deciding size standards bid protests: Also, companies defending or intervening in a size protest should be aware that bid protestors do not always meet the small disadvantaged business requirements when filing. Our SBA size protest lawyers look for these mistakes in order to possibly get the case dismissed. See also information about SDVOSB status protests.
Avoid costly mistakes when filing SBA size protests
One of the problems when filing a size protest is to meet the procedural small business requirements. Often companies retain corporate counsel that may not be familiar with the filing rules and deadlines. As a result, the SBA can dismiss the case. At the Watson & Associates SBA law and small business size protest law firm, we make sure that there is a legal and factual basis for making allegations of affiliation or violation of the Ostensible Subcontractor Rule. We understand the various legal nuances involved with size protest cases. Learn about small business size protest requirements Learn how to avoid a small business size standards protest . See Information about avoiding liability for PPP loan fraud.
Who Can File a Small Business Size Protest?
When it comes down to it, only interested parties can file a small business size protest. This includes:
- Unsuccessful Offeror
- Contracting Officer
- SBA Government Contracting Area Office
- Other Interested Parties
- Other Government Officials
Appeal of SBA Small Business Size Determination Decisions
After a small business-size protest is filed with the SBA, the specific area office makes an official determination. This usually takes about 10 days. As one of the top law firms, our SBA size protest appeal lawyers help you through the initial SBA investigation process and advise you on the various hurdles that most small businesses face. See information about minimizing liability for government contract procurement fraud.
Given the various complicated SBA small business size determination rules, it is important to understand which SBA law applies to your specific set of facts. See important information about litigating SDVOSB set-asides. If you are involved in allegations of criminal misconduct or criminal charges for SBA fraud for passing through federal contracts in a teaming arrangement, call our federal criminal defense attorneys at 1-866-601-5518 now.
SDVOSB Protests and OHA Appeals
If you are a small business seeking to get SDVOSB certification or status under SBA Program regulations, our SDVOSB consultants and attorneys can help. At Watson & Associates, our OHA appeal attorneys also represent companies seeking to litigate or defend SDVOSB status bid protests. These cases are filed directly with the SBA Office of Hearings and Appeals and should be promptly filed. Be aware that if you are challenging SDVOSB status on your competition’s contract award, then you do not want to file such a protest at the SBA level.
SBA OHA Size Appeal Lawyers
If you received an adverse SBA size determination decision, our size appeal lawyers can appeal the decision to the SBA Office of Hearings and Appeals at SBA headquarters in Washington, D.C. As SBA bid protest lawyers, we understand the landmines that await uninformed small businesses and can help you to properly analyze and deal with the opponent’s allegations, motions to dismiss and to navigate through procedural hurdles. If for some reason, you are charged with a federal crime regarding your small business size, we can help with contractor defenses to false claims and procurement fraud.
Call Our Washington DC SBA Size Protest Attorneys
If you want to file an SBA size protest or file a size appeal from an adverse SBA size standards with the SBA OHA, call a Colorado-based and Washington DC SBA small business lawyer at 1-866-601-5518 for a Free Initial Consultation.