Small Business Size SBA Bid Protest Lawyers

The SBA small business size standard rules can have a significant impact on your business’s eligibility for government contracts and funding opportunities.

Immediate Legal Support for Small Businesses Nationwide

When you certify that your NAICS code small business size standard meets the SBA definition of a small business, you are also certifying the federal government that you are a legitimate small business. This statement is subject to an SBA size protest when you are the successful offeror.

That’s why it’s essential to have a reliable and experienced legal team of SBA bid protest lawyers on your side to help you navigate the process.

What is the SBA Definition of Small Business?

Under 13 CFR 121.105 ((1), the SBA definition of small business is  that “Except for small agricultural cooperatives, a business concern eligible for assistance from SBA as a small business is a business entity organized for profit, with a place of business located in the United States, and which operates primarily within the United States or which makes a significant contribution to the U.S. economy through payment of taxes or use of American products, materials or labor.

Immediate Nationwide Representation

Our government contract protest lawyers and SBA small business size protest attorneys represent successful offerors,  bid protest intervenors and plaintiff / protesters from the litigation stage all the way through and SBA OHA size appeals.

Note: There are severe criminal penalties if you knowingly misrepresent the size of your business for a federal contract. The penalties are defined in 13 CFR 121.108.

Are You the Successful Offeror / Intervenor?

When you eventually win your government contract award, you are notified by the SBA that a competitor is challenging your SBA small business size standard. 

You have a very short time to respond – sometimes just a few days. 

What are some of the things you can do if you are the protested contractor?

• Request an extension from the SBA to end the response time if you are seeking legal representation. The Area office may or may extend (note that until you receive a confirmation of the approved extension, the original deadline is still in place.
• You should respond to the protestor’s allegations. Intervenors tend to miss this part. Especially, if they are not represented by a bid protest attorney.
• Make sure you respond to everything that  the SBA asks for. If not, they can summarily rule against you (adverse inference rule)

Are You Protesting the Awardee’s SBA Small Business Size Status?

Challenging the successful awardee’s NAICS small business size standard has its challenges if you do not understand the rules of engagement when filing an SBA size prostestor. Here are some common mistakes to avoid when filing SBA small business certification protests:

• Do not invent accusations without some credible proof to back it up
• Do not use words such as “possible” “might be affiliated” etc. Conclusions may be grounds to get your protest dismissed.

Note: SBA Size Standards can be by the amount of average revenues or the number of employees.

Get Critical Information Here to Avoid Costly Legal Mistakes in SBA Small Business Certification Bid Protest Cases

Nationwide Representation for Small Businesses

Watson & Associates’ government contract small business attorneys and SBA small business size protest lawyers maintain law offices in Washington, DC and Denver, Colorado. 

The law firm frequently represents small companies throughout the United States to defend and file SBA bid protests in addition to providing legal representation in size appeals to the SBA Office of Hearings and Appeals (SBA OHA). The law firm also represents federal government contractors in all States and helps them to avoid the most costly legal mistakes seen in SBA protest litigation.

SBA Protest Deadlines

Under SBA small business guidelines, any interested party to a government contract award may dispute the winning firm’s small business size status.

Generally, the company or its SBA bid protest lawyer must file the protest no later than (5)five business days after unsuccessful bidders are notified.

The protest must be submitted to the contracting officer who will then submit it to the SBA. 

Developing a sound small business size protest can be challenging for bidders. Mistakes that our attorneys help with include avoiding speculation and failing to provide sufficient information to meet SBA regulations. A protest that is insufficient or speculative will be dismissed. Directions on how to file an SBA  size protest can be found in 13 CFR 13 Part 121.1001-1008

What We Do – Nationwide Size Protest Lawyer Services – We Help You to Avoid Costly Legal Mistakes

Our SBA Lawyers for Small Businesses Represent Both Protestors and Intervenors in SBA Size and Status Bid Protests

Review and analysis of SBA standards for small business firms: Part of legal counsel and support includes the initial analysis of your SBA size protest. If you are filing the case, we look for the basic elements to avoid dismissal.  The other key points include assessing the allegations and facts for proving affiliation under SBA regulations. Our goal is to also help clients to make the proper arguments when it comes to federal small business size requirements that could convince the SBA that the awardee is other than small.

Representation for the successful awardee: As an interested party to the awarded contract, the awardee has to respond to the size protest. Our SBA size protest lawyers assist with the respective legal arguments and brief the SBA Area Office in addition to showing why the awardee’s arguments regarding affiliation should be disregarded.

Another important aspect of our legal representation is to preserve any rights that our clients have for appeal when the SBA level has improper evidence regarding federal small business size requirements.

Many law firms miss this important aspect of an SBA-size protest.

SBA Size protest defense (Intervenor): As SBA bid protest lawyers, our primary goal is to defend against meritless claims and suspicion. This is grounds for filing a sine standard protest.

SBA standards for small business status and bid protest affiliation analysis: The bedrock of any small business size protest is proving affiliation under 13 CFR 121.103. Companies enter into teaming agreements, mentor-protege arrangements, and joint ventures but fail to properly assess the contractual relationship to see if the parties are violating SBA affiliation rules. Our SBA bid protest lawyers frequently litigate these disputes and are well-versed in this critical part of a government contract protest.

Size Appeals to SBA OHA: When the Area Office issues an adverse small business size determination or fail to follow SBA small business guidelines, you will have to file a size appeal to SBA OHA. Our SBA attorneys can help you to assess the merits of the appeal.

Adjust Your Case and Increase Your Chances Of Prevailing using SBA Small Business Guidelines

Get help with SBA size standards protests based on the Ostensible Subcontractor Rule: With over 30 years of government service and federal contracting experience, our SBA size protest attorneys can handle disputes related to the totality of the circumstances under the Ostensible Subcontractor Rule, size protests based on common management, newly organized concern rule, Ostensible Subcontractor Rule and SBA Affiliation, meeting the SBA small business definition by showing subcontractors performing primary and vital contract requirements; and identity of interest appeal cases; family-owned businesses and affiliation; size appeal protest cases based on mentor protégé affiliation; and small business designation argument when rebutting legal presumptions by showing clear lines of fracture.

SBA Small Business Size Protest Defense ( Intervenor Lawyers )- Responding to Bid Protest Allegations

Responding to an SBA bid protest is an important aspect of defending against allegations that your company does not meet SBA small business size standards. Understanding that the SBA Area Office can find affiliation in other areas that the protestor may not allege is very important. Our law firm helps you to cover these bases and  avoid some of the legal landmines that can get the contract award revoked.

Therefore, our small business size protest lawyers always analyze your response arguments to avoid this common trap. As a successful awardee, it is your goal to protect your business interests and bottom line. You must convince the SBA through factual and legal approaches to show why the protestor has not met its burden of proof.

SBA Size Appeals & SBA OHA Attorneys

When the Area Office issues a size determination, you may believe that there are grounds for filing an appeal at the SBA Office of Hearings and Appeals in Washington DC. Watson & Associates SBA OHA Size Appeal attorneys help clients file and intervene in size protest appellate cases. We represent both intervenors and protestors during SBA OHA size appeal litigation. 

We help by preparing the legal authority and legal briefs to advocate our client’s position and why the Area Office may or may not have committed reversible errors when making a size determination. When SBA OHA makes an unlawful decision in a size appeal case, our government contract appellate lawyers will assess the decision and help you to decide whether there is merit to appeal to the U.S. Court of Federal Claims or the US Court of Appeals for the Federal Circuit.

For other results please, please see our representative cases

COFC Small Business Size Standard Appeals & Federal Circuit Court of Appeals Appellate Cases

If you are contemplating filing an appeal of your small business size protest case to the US Court of Appeals for the Federal Circuit, you will have to allege the errors and mistakes that the lower court made when it comes to SBA small business guidelines. As SBA bid protest lawyers, we understand that the future of your business is at risk and that you may be precluded from bidding on small business contracts. Our SBA protest lawyers and OHA appellate lawyers know the legal issues raised during the appeal process and can aggressively help you to file an appeal.  

For Small Business Size Standard and OHA Size Appeal Litigation, Call an SBA Attorney for a FREE Initial Consultation Today at 1-866-601-5518