SBA Small Business Definition, SBA OHA Size Appeals & Small Business Size Protests

  • Has the competition challenged your awarded contract for violating the SBA business standards and are confused about the process?
  •  Are you contemplating filing a small business size protest but not sure about the process or how to make your case?

SBA size standards, SBA Small Business Determination, SBA OHA Size Appeal & Small Business Size Protest LawyersWhether you are the protestor or intervenor, the amount of SBA OHA  court decisions show that litigants experience a substantial amount of adverse decisions because either the initial protest was speculative and unsupported or the contractor intervenor did not adequately respond to the SBA’s investigation regarding small business subcontracting relationships.

  • In any situation, to prevail in a small business size protest case, the parties must have more than just allegations.
  • Instead, each case must overcome the requirement for legal merit or a showing that the SBA committed legal or factual error when making its size determination.
  • Without these basic approaches, either side stands a great chance of losing their small business size protest case.

With law offices in Washington D.C., and Colorado, Watson  Associates, LLC provide our clients with experienced SBA size standards attorneys that understand the law and governing SBA regulations. We first look to see:

  • If your case has legal merit and has sufficient evidence to avoid a motion to dismiss.
  • If the size protest is speculative or does not have enough factual and legal support.
  • Whether our clients can put forth a sound enough position to convince the court

We understand the procurement playing field when it comes to small business subcontracting, have worked on the government’s side and frequently litigate before the various courts. 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

We take a unique approach to each client’s case. Whether a bid protestor or an intervenor, our law firm understands that each client has a unique set of facts when it comes to government contracts small business requirements. Therefore, we take a more detailed and tailored approach to each case.

  • One of our main focus points, commonly missed by other firms, is to preserve any rights to appeal by preserving the record at the trial stage (new legal issues generally cannot be raised on appeal).
  • Before filing a size protest, we first use our clients’ resources wisely by first making an assessment on the legal merits of the case.
  • As intervenor, help to provide you with a detailed and supported response to the SBA’s initial investigation.

By having the substantive experience in the various legal theories as affiliation and the Ostensible Subcontractor Rule, we are in a unique position to aggressively advocate on our clients behalf and litigate issues regarding the SBA’s small business definition. Our SBA attorneys have earned a reputation for gaining favorable results for small through vigorous legal representation.

Small Business Size Protest, Intervenor and SBA Attorney Services

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

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

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

  • With our capabilities in a wide area of federal procurement, our firm can serve as a one-stop support system for government contractors nationwide.
  • Our goal is to minimize costly mistakes while improving the company’s bottom line.

When it comes to the SBA’s small business definition, we can resolve challenges to the various SBA affiliation legal theories. When litigating legal issues related to government contract small business 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, 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 size 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.

SBA OHA Size Appeal Lawyers 

The standard of review at the size appeal level is where many contractors fall short. When the SBA issues an adverse size determination,  Watson will file an SBA OHA size appeal on your behalf.  Per 13 CFR 134.314, government contractors have the burden of proving, by a preponderance of the evidence, all elements of the appeal.

  • Companies must show that the SBA size determination was based upon a clear error of fact or law. 
  • SBA OHA will not overturn an area office’s size determination unless the OHA judge finds a definite and firm conviction that the SBA area office erred in making its key findings of fact or law. See Size Appeal of Taylor Consultants, Inc., SBA No. SIZ-4775, at 11 (2006).

You cannot be a small business concern if: Another company controls, or has the ability to, control your business under 13 CFR 121.103. This can include business loans, hiring management employees from the incumbent; stock ownership and business ownership that leads to negative control; you have other spousal businesses. If your facts violate any of the SBA rules, then you will be considered other than small.

Intervenor Lawyers in SBA Small Business Size Protests 

If you are the successful offeror of a government contract award and another bidder has filed a size bid protest against your company alleging violations of small business size regulations, our SBA bid protest lawyers can represent your company as intervenor counsel.

  • As intervenor lawyers, we aggressively help you to respond to the SBA investigation and the protestors allegations.
  • We also help you to preserve your rights to appeal at the SBA level (many bid protest lawyers miss this important requirement.)

SBA Size Standards Protest Attorneys – Nationwide Representation

Our Government Contracts and SBA size standards lawyers and small business size protest attorneys provide legal counsel to small business concerns about SBA small business standards decisions and small business guidelines 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 business size protest attorneys today for immediate help.

Cities in which our CO Washington DC small business size appeal and SBA small business size protest attorneys offer legal counsel and intervene in bid protests include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Houston, San Antonio,  Wichita Falls, 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.

Hire Watson’s SBA Small Business Size Protest Attorneys for Immediate Help

Given the flexibility and expertise to address the various legal issues that come up in SBA size 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 NAICS size standards regulations and government contracting.

Speak to an Attorney & Get a Free Initial Consultation

To meet federal small business guidelines, call our government small business lawyers and SBA Attorneys at 1-866-601-5518 to schedule a FREE Initial Consultation.

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

Learn About The Deadliest Mistakes Made When 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


For Help meeting the SBA small business definition and NAICS code SBA size standards under 13 CFR 121.103, Call our SBA small business size protest lawyers today for help with small business determination litigation and appeals.