SBA SIZE PROTEST ATTORNEYS

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Small Business Size Protest Lawyers & SBA Size Standards Appeal Attorneys

Understanding the various legal nuances that come up in a small business size protest case or SBA size standards appeal takes more time than most people realize. Many companies take on the SBA initially but later realize that when the SBA makes its decision, then the appeal process to SBA OHA becomes a nightmare. Why is this?

  • The small business has not preserved its rights at the initial size protest stage or at the SBA Area Office level.
  • Companies raise new arguments on appeal for the first time and open themselves to harsh decisions at SBA OHA

GET PERSUASIVE REBUTTALS TO PROTESTOR ALLEGATIONS

  • If you are responding to the SBA size protest investigation claiming your company is other than small business, you have to do more than just provide the requested documents. 
  • If you happen to be defending an SBA size protest, position yourself by preserving any appeal rights at the lower level (many attorneys forget this important aspect of bid protest litigation.)
  •  Uncover common mistakes that the SBA makes when it decides size standard and affiliation cases.

Avoid common costly mistakes made by small business when intervening or defending SBA size protest cases.

SMALL BUSINESS SIZE PROTEST &  GOVERNMENT CONTRACTS INTERVENOR ATTORNEY SERVICES 

Litigating NAICS code small business size protest disputes involve a myriad of legal theories that can be confusing to government contractors when analyzing government contracts small business status requirements. With law offices in Washington DC and in Denver, Colorado, Watson & Associates’ SBA size standards attorneys can help you with the following:

  • Affiliation and Ostensible Subcontractor Rule violations (13 CFR 121.103)
  • Small business designation and company classifications for family-owned business relationships
  • SBA guidelines with newly formed organizations
  • Primary and vital contract performance of your small business concern 
  • Economic dependency other than small business
  • Totality of the circumstances 
  • Small business subcontracting disputes
  • 8a Program and SBA affiliation
  • SBA law about identity of interest
  • Improper SBA size determinations
  • SBA OHA appeals regarding small business concerns
  • Improper NAICS Code small business size classification decisions
  • Appeal of OHA decisions to the US Court of Appeals for the Federal Circuit

To speak with an SBA size protest attorney about government contracts small business requirements or SBA size standards disputes, call 1-866-601-5518 for a FREE INITIAL CONSULTATION.

GET HELP WITH COMPLEX AND CONFUSING LEGAL THEORIES AND NUANCES INVOLVED WITH NAICS SIZE STANDARDS DETERMINATION CASES 

 As government contract lawyers with over 30 years of experience, Watson & Associates, LLC frequently litigate and appear before the various forums such as the US Court of Federal Claims, ASBCA, CBCA, SBA Office of Hearings and Appeals, and the US Court of Appeals for the Federal Circuit

HELP WITH VARIOUS SMALL BUSINESS SIZE PROTEST DISPUTES 

There are so many nuances that can cause the SBA to rule against you. We are prepared to help you with them.

When litigating legal issues related to government contract NAICS size standards requirements, our SBA attorneys frequently provide legal advice and representation for small business concerns in a wide variety of subcontracting legal theories such as totality of the circumstances, small business size protest based on common managementnewly organized concern rule, Ostensible Subcontractor Rule and Affiliation , meeting the SBA small business definition by showing sub contractors performing primary and vital contract requirements; and identity of interest appeal cases; size appeal protest cases based on mentor protégé affiliation; and small business designation argument when rebutting legal presumptions by showing clear lines of fracture.

NAICS SIZE STANDARDS DISPUTES, SBA SIZE PROTESTS FAQS

Are You Performing Primary and Vital Requirements?

The SBA Office of Hearings and Appeals has recognized that the “primary and vital” contract requirements are those associated with the principal purpose of the acquisition. Not all the requirements identified in a solicitation can be primary and vital. When there is a small business set aside, courts in a small business size protest cases look at each case’s facts

  • The mere fact that a requirement is a substantial part of the solicitation does not make it primary and vital under the SBA size standards rule.
  • In evaluating claims under SBA size protest and SBA affiliation rules, the appeals court will base its analysis on the solicitation and proposal before it.

How Does Affiliation Impact My Company Under the Ostensible Subcontractor Rule?

If your proposed subcontractor is a small, similarly-situated entity that follows the relevant rules, the ostensible subcontractor rule does not apply. See Size Protest Appeal of The Frontline Group, SBA No. SIZ-5860 (2017) 

As a Small Business, Are You Found Affiliated When You Hire the Incumbent Employees?

The SBA can find affiliation under the affiliation under ostensible subcontractor rule if your company plans to hire the large business incumbent’s workforce en masse, and almost entirely rely on that large business as the subcontractor for managing the contract. See Size Protest Appeal of Automation Precision Technology, LLC, SBA No. SIZ-5850 (2017).

Can You Be Found in Violation of the Ostensible Subcontractor Rule If As the Prime You Only Manage the Contract?

More than likely yes. The SBA can find you affiliated with the subcontractor if you are only responsible for management while your subcontractor provides all primary and vital requirements of the contract. See NAICS Code Business Size Appeal of Hamilton Alliance, Inc. SBA No. SIZ-5698 (Dec. 8, 2015).

CALL WATSON’S SBA SIZE PROTEST LAWYERS 

Given the flexibility and expertise to address the various legal issues that come up in SBA small business size determination and bid protest cases, clients can rely on us potentially resolve legal issues that may involve various moving pieces. There are many commercial attorneys that are not always experienced with SBA size standards regulations and government contracting.

Speak to an Attorney & Get a Free Initial Consultation

Call 1-866-601-5518 to schedule a FREE Initial Consultation.

More Information About SBA Size Standards and NAICS Code Small Business Size Protests

Hiring Incumbent Personnel Under the Ostensible Subcontractor Rule.

Find out what date counts for SBA size small business standards.

Learn more about our SBA HUBZone certification services

ACT NOW – YOU GENERALLY HAVE FIVE DAYS FILE AN SBA SIZE PROTEST CASE

For Help meeting US Protests and the SBA small business size standard definition and SBA size standards under 13 CFR 121.103, Call our SBA size protest lawyers and NAICS law firm today for help with other than small business size protest litigation and appeals.