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SBA size standards are sometimes forgotten until a competitor files a small business size protest after award of a government contract. As the successful awardee, you now have to defend the allegations aggressively by intervening and responding to the SBA investigation. On the other hand, as the unsuccessful offeror, deciding to file a size protest alleging a violation of the SBA’s small business size standards needs you to respond to short deadlines.
As the unsuccessful offeror, deciding whether you have a legal and factual basis can be challenging. Meeting the short deadlines becomes the final problem. Meeting the legal criteria is where Watson’s government small business attorneys can help.
Small Business Size Protest Attorney Services
Litigating SBA size determinations and bid protest disputes involve a myriad of legal theories. Our lawyers provide legal representation by:
- Assessing the merits of each case;
- Analyzing solicitation requirements to teaming relationships and bid responses
- Providing help in responding to SBA size standards inquiries;
- Preparing the size protest documents with legal sufficiency;
- Preserving rights at the SBA level for potential appeal (you cannot bring up new issues on appeal to OHA).
- Representing clients in size appeal cases to SBA OHA.
Call 1-866-601-5518 for a FREE INITIAL CONSULTATION.
Note: SBA has issued its new rules about affiliation.
Experience: With more than 30 years experience in government contracts law and with law offices in Washington, D.C. and Colorado, the government contract law attorneys at Watson & Associates, LLC offer aggressive legal representation to small businesses across the United States. Whether seeking to defend and intervene in a case for alleged violations of SBA size standards, appealing an SBA size determination, or simply compiling your case for filing, Watson & Associates can help.
Clients: Our clients come from various industry groups including construction, IT, medical and professional services and have varying business standard requirements for each NAICS code. See some of our favorable results.
See our performance in a landmark appeal against SBA. See Size Appeal of Argus and Black, Inc. now cited by SBA OHA.
Expertise in Various Legal Theories
The law firm also represents small businesses in SBA size protest litigation under totality of the circumstances, SBA size protests based on common management, newly organized concern rule, Ostensible Subcontractor Rule and Affiliation , meeting the small business definition by showing subcontractors performing primary and vital contract requirements; and identity of interest size appeal cases; size appeal protest cases based on mentor protégé affiliation; and defeating SBA size standards litigation when rebutting legal presumptions by showing clear lines of fracture.
SBA Small Business Size Standards & Small Business Definition
Under SBA size standards and procurement regulations, you have to be a small business to receive a government contract that is procured under the Small Business Set-Aside Program. The small business definition becomes a problem when the competition challenges your company to meet the SBA’s size definition.
Definition: The SBA small business definition standard ( See SBA Website) is that your company has to be a “..small business that is not dominant in the field of operation for which it is bidding on a government contract, in addition to qualifying as a small business under the criteria and size standards in Title 13, Code of Federal Regulations, part 121 (13 CFR 121).
SBA small business size standards have been established for types of economic activity, or industry, generally under the North American Industry Classification System (NAICS). SBA’s size regulations pertaining to federal procurement are also found in the Federal Acquisition Regulation, 48 CFR part 1.
Intervening in SBA Size Standards Protest Cases
Whether you are intervening into an existing case or filing a small business size protest alleging affiliation or violation of the Ostensible Subcontractor Rule, the ability to prevail depends on having a clear understanding of the various SBA size standards, regulations and case law that interprets them.
- This is where most small businesses fail when not represented by experienced legal counsel.
See our SBA size protest FAQs.
Note: When filing an SBA size standards bid protest, you must file within five days, not including Saturdays, Sundays and federal holidays.
Call Our SBA Small Business Size Determination & Size Standards Protest Lawyers
Call us if you need experienced legal advocates to help you avoid the costly legal landmines with SBA size standards. We aggressively litigate to make sure the SBA’s small business definition and that the legal requirements are met. On appeal, the law firm litigates SBA small business size determination decisions, affiliation decisions, NAICs violations, and small business size standard violations.
Call our government small business lawyers at 1-866-601-5518 to schedule a FREE Initial Consultation.
More Information About SBA Size Standards and NAICS Code Size Protests
Find out about HUBZone Price Preference When Bidding.
Call our NAICS Code Size protest lawyers today for help with SBA small business size standards and small business size protest litigation.