Meet Short SBA OHA Size Appeal Protest Deadlines. Get Help With SBA Size Protest Litigation in All States.
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Unfortunately, the SBA does make mistakes in its formal small business size determination. The challenge is for you to uncover the legal mistakes or factual error in the actual decision. This task is not always readily apparent. Most small businesses, nevertheless, attempt to appeal the case to SBA OHA via a small business size appeal.
When the SBA makes an adverse decision, whether it be an SBA size determination in an 8a application or a competitor files a small business size bid protest, knowing how to navigate through legal nuances of an SBA OHA appeal can be confusing and stressful.
- Prepare your case to meet the confusing affiliation rules
- Get the legal help that can articulate how the SBA committed legal or factual error in its size determination.
- Prepare legal briefs that can convince judges that you have a strong argument.
- Get legal representation at competitive rates.
- Nationwide help for small business government contractors
Small Business Size Appeal Attorney& SBA OHA Appellate Services
As SBA lawyers, we help federal government contractors in all states with:
- Violation of the SBA Ostensible Subcontractor Rule;
- Appealing adverse SBA size business standards determinations;
- Intervening in SBA bid protest cases involving your small business size status;
- NAICS Code appeals;
- Interpretation of new SBA size standards rules governing small business size standards;
- Addressing affiliation concerns; and
- Finding the relevant SBA OHA appellate law that supports your position.
Nationwide Help with SBA Small Business Standard Cases and Federal Contracts disputes.
Filing an SBA small business size appeal to the Office of Hearings and Appeals require companies to comply with very strict procedural rules and legal requirements. Failure to meet these legal requirements may cause the SBA to ask OHA to dismiss the size appeal case.
The key to winning an SBA OHA size appeal is to provide all relevant documents at the SBA investigation level and to raise what legal arguments you have at that level. Raising new issues on appeal will be problematic. OHA rarely allows new evidence or arguments for the first time on appeal. At the end of the day, you are fighting to save your chance to secure revenues for your company. Therefore, it is important to not make costly mistake either at the SBA or during the size appeal litigation.
When Must You File Your OHA Appeal?
When the SBA issues a final size determination, you must file an appeal to SBA OHA within 15 days after receiving the size determination from the SBA.
Parties filing a size appeal to SBA OHA must also be aware that the calculation of time is dependent upon when OHA receives the pleadings. See13 C.F.R. 134.204(b).
Can the OHA Court Waive or Extend the Dealing for Filing an Appeal?
No. An OHA judge may modify almost any time period or deadline, However, the deadline for filing an appeal cannot be waived. See13 C.F.R. 34.202(d)(2)(i)(A). See also Size Appeal of REES Group, Inc., SBA No. SIZ-5387 (2012). In other words, if your size appeal is late, the court must dismiss the case under 13 C.F.R. 134.304(c).
What Must You Include in Your SBA Size Protest Appeal to OHA?
Avoiding the costly mistake of not meeting the procedural requirements for filing an SBA appeal to OHA is something that many companies struggle with.
Pursuant to SBA regulations 13 CFR 134.305(a)(3) an appeal petition must set forth “[a] full and specific statement as to why the size determination . . . is alleged to be in error, together with argument supporting such allegations.” You or your size appeal lawyer must alleged errors of fact or law in the SBA’s size determination. You must dispute any and all findings believed to be in error made by the Area Office.
Tip: If your appeal documents appear to be defective, the agency counsel / intervenor’s attorney will file a motion to dismiss by arguing that the appeal is defective as it fails to state a valid claim. See Size Appeal of Allegheny Wood Products, Inc., SBA No. SIZ-5366 (2012); Size Appeal of SB Technologies, LLC, SBA No. SIZ-5298 (2011).
Tip: Under current procurement law any appellate case filed at OHA regarding any SDVOSB status protest arising out of a VA solicitation will be decided by the VA OSDBU. See Matter of Airborne Construction Services, LLC, SBA No. VET-203 (2010); Matter of Reese Goel JV, SBA No. VET-199 (2010).
In 2009, the VA promulgated a regulation granting the Executive Director of VA’s OSDBU the jurisdiction to decide any status protest regarding an SDVO SBC arising from a VA solicitation. 48 CFR 819.307. The regulation indicates that this process will remain in place until an agreement is reached between VA and SBA to allow SBA to decide these protests. Id.
With law offices in Washington DC and Colorado, the SBA size appeal lawyers at Watson’s & Associates, LLC are positioned to provide legal help to government contractor and small business filing a bid protest or seeking to intervene in the case.
As federal appeal lawyers, we provide deep experience with the various SBA legal theories involved with assessing the legal and factual basis for the lawsuit – a requirement to file or litigate the decision.
There are various landmines in SBA contract regulations that can be confusing and misleading. If there is an adverse decision against your company, having the right legal advice is essential.
- Acting quickly is important given the short SBA deadlines. Not meeting the filing requirements can cost you the contract or the ability to gain a second chance of getting an award.
- Meeting the legal standard of review is equally important. Many companies filing an SBA size appeal can face serious consequences including dismissal of the appeal is not structured correctly. SBA OHA will only disturb an SBA size determination only if, after reviewing the record, the administrative judge has a definite and firm conviction that the area office erred in making its key findings of fact or law. Size Appeal of Taylor Consultants, Inc., SBA No. SIZ-4775, at 11 (2006).
Help with Contractor Teaming Agreements
One of the most litigated issues in small business size protest lawsuits is the improper use of government contractor teaming agreements. If you are the prime contractor bidding on a government contract, you must be aware of the complex procurement regulations that apply to your particular situation. Our SBA contracts and SBA OHA small business size appeal attorneys can assess the relationships and also provide guidance that can minimize the impact of a bid protest.
NATIONWIDE HELP FOR FEDERAL CONTRACTORS
Our Federal contract small business and SBA OHA appeal lawyers provide legal counsel to defense contractors throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our SBA OHA Size appeal lawyers today for immediate help. 1-866-601-5518. We help with federal government contract cases in Dubai, Afghanistan, Iraq contractors and Saudi Arabia.
GET IMMEDIATE HELP
As SBA OHA appeal lawyers, we represent government contract small businesses in all states. For immediate help litigating SBA size standards protests and small business definition violations, call an SBA government small business lawyers and size appeal lawyer at 1-866-601-5518. FREE INITIAL CONSULTATION.