Navigating SBA Small Business Size Protests and Size Appeals

Navigating SBA size protests and OHA size appealsTips on Navigating SBA Small Business Size Protests and Size Appeals: Seeking Professional Legal Help
As a CEO or business owner, you may find yourself in a situation where you need to file an SBA bid protest or appeal an SBA size determination to SBA OHA. These processes can be complex and require a thorough understanding of the regulations and procedures involved.
While we provide some general information here, it is crucial to consult with experienced legal professionals who specialize in SBA size protests and appeals due to the intricacies that can arise.

Understanding SBA Small Business Size Protests and Size Standards

When it comes to SBA size protests, a key aspect is the evaluation of a company’s small business status based on SBA size standards. These size standards establish the maximum size a business can be to qualify as a small business for federal government contracting purposes.
The SBA sets size standards based on factors such as average annual receipts, number of employees, or other criteria specific to particular industries. It’s important to note that size standards can vary depending on the industry and the specific NAICS (North American Industry Classification System) code that applies to your business.

The Role of Size Standards in Small Business Size Protests

In a small business size standard protest, a party questions whether an awardee of a government contract meets the SBA’s small business size standards. This protest alleges that the awardee exceeded the size limitations set for that particular industry or contract. The SBA then investigates the protest to determine if the awardee is, in fact, eligible as a small business.

Affiliation Under 13 CFR 121.103 and the Ostensible Subcontractor Rule

Affiliation is a crucial concept in SBA size protests and appeals. Under 13 CFR 121.103, businesses may be deemed affiliated if they have certain relationships or control over each other, regardless of their separate legal structures. Affiliation can occur through ownership, common management, identity of interest, or other factors specified by the SBA. The SBA examines these relationships to assess whether the businesses should be considered as one entity for determining size eligibility.
The Ostensible Subcontractor Rule is another important aspect to consider. This rule addresses situations where a subcontractor is performing the primary and vital aspects of the contract, rendering the small business prime contractor more like a pass-through entity rather than the entity that controls and performs the contract. If the Ostensible Subcontractor Rule applies, the SBA may determine that the prime contractor and subcontractor are affiliated, potentially affecting the small business’s size status.

Complexities and the Need for Legal Expertise

Navigating SBA small business size protests and size appeals can be challenging due to the intricacies involved. Understanding the specific SBA size standards applicable to your industry, analyzing the factors of affiliation, and addressing the implications of the Ostensible Subcontractor Rule requires in-depth knowledge and expertise. Seeking professional legal help from attorneys specializing in SBA size protests and appeals is highly recommended to navigate these complexities effectively. Some cases can lead to False Claims Act and white collar criminal cases because agencies such as the DOJ and OIG may claim that the company has set out to defraud the government.

Why Professional Legal Help Matters

Professional legal help is essential due to the complexities and potential consequences of SBA size protests and appeals. Attorneys specializing in this field possess the knowledge and experience to guide you through the process, ensure compliance with the rules, and help build a strong case on your behalf. They can analyze the specific circumstances of your business, evaluate the strength of your position regarding size standards and affiliation, gather relevant evidence, and develop a persuasive argument to present to the SBA OHA. Their expertise ensures that your rights are protected and increases the likelihood of a favorable outcome.

Consulting Experienced Attorneys for SBA Bid Protests and Size Appeals

When dealing with SBA bid protests or appealing an SBA size determination to SBA OHA, it is crucial to consult with legal professionals who specialize in this area. Their knowledge of the regulations, familiarity with the process, and experience in addressing size standards, affiliation, and the Ostensible Subcontractor Rule can significantly enhance your chances of success.
Reach out to our experienced legal team today to discuss your specific situation. We are here to provide guidance, support, and dedicated representation throughout the SBA size protest or appeal process, ensuring your rights and interests are protected.

Call our SBA Bid Protest Lawyers For Immediate Help

If you are facing an adverse SBA size determination or need help filing an SBA OHA size appeal, contact our siz protest lawyers at 1.866.601.5518.