Nationwide SBA Size Protest Attorneys – We Help Small Business Government Contractors to Effectively Resolve Small Business Size Standard Protest Matters. Nationwide Help. Get a Free Initial Consultation. Call our SBA Attorneys at 1-866-601-5518.
When a small business wins a government contract, competitors may file an SBA small business size protest in an attempt to void the award. The North American Industry Classification System NAICS code size standard regulations become problematic for both the awardee (intervenor) and protestor. If the small business standard requirements are violated, you must still provide more than speculative facts in the bid protest. This where many size protest cases fail.
- Many small businesses fall short in size protest litigation because of procedural requirements at the initial stages.
- Finding a factual and legal basis to meet the required standards can be difficult.
- Overcoming SBA affiliation rules can also be confusing and stressful.
With law offices in Washington DC and Colorado, the small business size standard protest lawyers at Watson & Associates, LLC frequently provide detailed assessments of each case. The law firm’s professionals look at the merits of each case and provide reliable opinions based upon the various SBA affiliation regulations and court decisions. See more information about joint venture affiliation under new rules. The Watson SBA size protest law firm has also achieved favorable results for our clients nationwide.
- Post-award small business size protests
- Adverse size determination Appeals to SBA OHA
- Size Protest and Appeal of SBA law decisions
- HUBZone and 8(a) status bid protests
- Ostensible Subcontractor Rule & affiliation
- Small Business Status of SDVOSB firms
- Intervenor or protestor representation.
- Assessment of new similarly situated business rules and limitation on subcontracting rule
Meet Short Deadline Requirements. Call Our SBA NAICS Law Firm for a Free Initial Consultation. 1-866-601-5518.
Protest Timeline — Filing Small Business Size Protests
If you are contemplating filing a small business size protest, government contract award protest timelines require that you must file within five days after the contracting officer notifies you of the actual or prospective awardee. This deadline is not negotiable nor can it be extended. See also 13 CFR § 121.1004. Watson’s SBA size standards attorneys quickly assess the requirements for the SBA size standard and the allegations. The required procedure for filing an SBA size protest can be found in Title 13 Part 121.1001-1008 of the Code of Federal Regulations.
- Finding weaknesses and strengths in each case prepares our clients with sufficient information when deciding to take the next steps.
- Understand whether the small business size standard in question is governed by the number of employees or annual receipts
When filing your small business size standard protest letter, you must provide credible facts to support how the awardee violated SBA size standards. Allegations without a factual or legal basis will cause the bid protest to be dismissed. You must be an interested party to file an SBA Size protest. Any interested party may file a protest against the government where the awardee does not meet the small business requirements. At Watson, our SBA bid protest law firms promptly get to the heart of the problem. We review the solicitation requirements and apply the legal standards. Our goal when litigating size protests is to present solid facts and legal explanations as to why the awardee’s company size violates the SBA size standard.
SBA Small Business Size Protest Requirements and Process
After developing the bid protest letter, it must be submitted to the contracting officer by the required deadline. A protest must be delivered to the contracting officer in person, by mail, email, or fax.The contracting officer will then forward the protest letter to the SBA Government Contracting Area office serving the area in which the protested business’ headquarters is located.
Although there is no set format for an SBA bid protest, it must be in writing and include specific evidence to support the allegation that the protested business is not small. Our SBA size protest attorneys provide these legal services to reduce the chance of your protest being dismissed.
Small Business Size Standard Determination & SBA Affiliation Decisions
After the size protest letter is filed, the SBA’s area office will make a small business size standard determination as to whether the alleged company violated the applicable small business standard regulations or is in violation of affiliation rules. This is usually done within 10 days. If the SBA determines that your company is other than small, it will notify you. The important lesson on this topic is that an adverse size determination will preclude your company from bidding on government contracts under the respective NAICS code and business standard until you win an appeal. See New SBA Rules Here.
- Only if small business successfully appeals to the SBA Office of Hearings and Appeals (SBA OHA), can the company continue to represent themselves under the definition of a small business for future government contracts.
What is Affiliation in SBA Protests?
When you calculate the size of your business to determine if you are a legitimate small business, you must include the annual receipts and the employees of your affiliates. Affiliation is determined by another company’s ability to control yours or a third party’s ability to control. When the ability to control exists, even if it is not exercised, affiliation exists. Our small business size protest lawyers help you to address this common allegation when filing or defending a size protest. Information related to SBA affiliation can be found in 13 CFR § 121.103.
Can You Be Affiliated But Still Keep the Contract? Many companies challenge the small business size standard of the awardee. However, when a case is filed, there should be some analysis of whether the awardee and the alleged affiliate subcontractor can still keep the contract at the end of the day. This is certainly a possibility.
Can The SBA Go Beyond the Allegations Made by the Protestor? This is yet another consideration that many contractors forget to assess. When responding to a small business size protest, you should have a complete response. The SBA can find affiliation under various legal theories beyond what the protest alleges.
SBA Bid Protest Lawyers Litigating SBA Size Protest Appeals At SBA Office of Hearings and Appeals (SBA OHA)
Under SBA size protest regulations, you can file a size appeal to the SBA Office of Hearings and Appeals. Our size protest attorneys will help by filing and serving the written appeal to the respective parties. When appealing a size determination in a government procurement or pending government property sale, you must file and serve the appeal within 15 calendar days after the SBA makes the size determination or affiliation decision.
For OHA size appeals of SBA small business size determinations for other than a pending procurement or pending government property sale, then you must file and serve the appeal petition within 30 calendar days after the SBA makes the size determination.
- The key when filling a size appeal is to show where the SBA committed clear error.
- This is a labor-intensive task and involves having a clear understanding of SBA small business regulations.
- If you miss the deadline OHA will dismiss your appeal.
Bid Protest Defense Attorneys – SBA Size Protest Intervenor Services
Watson & Associates’ SBA small business size standard law firm frequently serve as small business intervenor attorneys for companies fortunate enough to win a government contract. We help our clients intervene whether at the initial size protest phase or if there is a size appealed filed at OHA. We have gained favorable results with bid protest intervention cases. Whether the allegations include SBA size standards affiliation due to teaming agreements or joint venture agreements, our law firm can help.
Do You Meet the SBA Small Business Definition?
The SBA small business definition is important when filing or defending a bid protest case. Under the small business definition, your company must be independently owned and operated. The definition also requires that the company is limited in size and in revenue depending on the industry. Each NAICS code carries a different standard for the related small business definition.
Our Government Contracts and SBA size protest lawyers provide legal counsel to 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.
Cities in which our CO Washington DC SBA size standard protest attorneys help small businesses address SBA size standards include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL. Call our federal contracting small business size protest and appeals attorneys today for immediate help.
Call Our SBA Size Protest Lawyers and OHA Size Appeal Lawyers
For immediate help as either intervenor or protestor, call Watson’s small business size protest lawyers.
FREE INITIAL CONSULTATION. Call 202-827-9750 or Toll-Free 1-866-601-5518.