Meet Short SBA OHA Size Appeal Protest Deadlines. Get Help With SBA Size Protest Litigation in All States. When the SBA issues an adverse size determination decision, developing a legal strategy that meets OHA’s guidelines but can still convince a judge that the Area Office’s decision was in error are the primary objectives.
The Government Contract SBA size appeal attorneys at Watson & Associates understand the complex issues that can arise. Many of our attorneys have spent years working for government contracting agencies. Our goal is to dissect the SBA’s decision and show OHA judges why the SBA’s size determination should be reversed
Law Offices Located in Denver, Colorado and Washington DC and Offer Nationwide Help. Call Our SBA lawyers and government contracting advisors and Get a Free Initial Consultation 1-866-601-5518.
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 SBA OHA appeals 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
Government Contracts SBA OHA Size Appeal Services
As SBA attorneys, 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 appeals law that supports your position.
- The appeal of OHA decisions
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 requires 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 mistakes 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).
Legal Standard for Appeal – 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 an argument supporting such allegations.” You or your SBA bid protest 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).
With law offices in Washington DC and Colorado, the SBA OHA size appeal lawyers at Watson’s & Associates, LLC are positioned to provide legal help to government contractors and small businesses filing a bid protest or seeking to intervene (for successful awardees) in the case.
As federal appeal and SBA 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.
SBA Bid Protest Lawyers – We Help with Contractor Teaming Agreements and Joint Venture Arrangements
One of the most litigated issues in OHA 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.
GET IMMEDIATE HELP
As SBA OHA Size appeal attorneys, we represent government contract small businesses in all states. For immediate help litigating size protests an SBA lawyers at 1-866-601-5518. FREE INITIAL CONSULTATION.