SBA OHA Size Appeal & Small Business Size Protest Lawyers 

Frequently in a specific federal procurement, another small business can protest the size of your small business. The contracting offer may then send the bid protest to the Small Business SBA OHA Size Appeal & Small Business Size Protest Lawyers Administration (SBA)  to make a small business size determination under the specific NAICS code.

After the company size determination is made, the contracting agency must accept the SBA size determination. As an SBA small business size protest starts the adverse process, protecting your rights early is essential. After the SBA makes the size determination, small businesses can then file a size appeal to the SBA Office of Hearings and Appeals (SBA OHA).

SBA Small Business Size Protest, Size Standards, Size Determinations & Size Appeal Legal Services

Watson’s SBA attorneys can provide legal representation with the following:

  • Ostensible Subcontractor Rule
  • Affiliation with teaming agreements and joint ventures
  • Newly formed organizations
  • Affiliation with family businesses
  • Application of new SBA affiliation rules
  • Help for companies in the 8a Program
  • Services for appealing HUBZone application denials and HUBZone Status

Our government contract lawyers have achieved successful results for our clients. We continue to monitor the various SBA OHA sizeappeal decisions to properly represent our clients. Our small business size protest appeal lawyers and size appeal attorneys will help you to:

  • Seek out factual errors made by the SBA or protestor about company size;
  • Analyze your small business status for compliance under the relevant NAICS Size Standards code
  • Review teaming agreements for violation of the SBA regulations
  • Find errors of law made about your company size by the SBA;
  • Help with small business size protest investigations by the SBA
  • Size appeal to SBA Office of Hearings and Appeals.
  • File appropriate briefs and aggressively argue the merits of your particular case.

Who Can File an SBA Small Business Size Protest?

The following parties can file a small business size protest under SBA bid protest regulations:

  • Unsuccessful Offeror
  • Contracting Officer
  • SBA Government Contracting Area Office
  • Other Interested Parties
  • Other Government Officials

Filing or defending an SBA size appeal, or often referred to as an SBA small business size protest, is a daunting process because there are short deadlines and a myriad of complex SBA company size standard rules. Unless you are intimately familiar with the NAICS size standards regulations and proper applications, your company is at a disadvantage. See information about nonmanufacturer rule issues for small businesses.

Experienced SBA OHA Small Business Size Appeal Attorneys & Bid Protest Lawyers

With over three decades of federal government contracting, and small business program experience, the law firm of Watson & Associates, with skilled government contracts and small business standard bid protest lawyers, often help companies to file or defend against company size challenges or meeting the size definition in a NAICS size standards  protest or when the SBA makes an adverse SBA size standards determination decision when applying for your 8a certification status.

With law offices in Washington, DC, and Colorado, we help clients in virtually all states. Our legal solutions start at the beginning by assisting small businesses with the initial 8a application and requests for reconsideration. If the SBA denies your application or adversely rules on your small business size determination, you have the right to file a sizeappeal to the SBA Office of Hearings and Appeals (SBA OHA).

Small Business Standard NAICS Standards Bid Protest Time Limitations: As a general rule under the small business size protest timeline you have 5 business days to file a company size appeal / bid protest after bid opening.  As a practical matter, you may not want to be in the habit of calling the agency. Instead, you should fax the protest to the contracting officer.

What Happens When the SBA Receives Your Small Business Standard and Company Size Protest? After the size protest reaches the SBA, it typically makes a size determination decision within 10 working days. However, this is not set in stone. Just because the SBA does not follow the 10-day rule does not allow you to file late or miss a size definition deadline. Your case will get dismissed. This is but one reason why having an SBA attorney can be beneficial.

Evidence for a Bid Protest: When you file an SBA size protest, you must present evidence on the record to support your position. This can include information about the alleged violator.

  • You cannot make bring allegations without support.
  • The SBA will give more weight to factual allegations than mere unsupported allegations.

See Our Blog for Helpful Information about small business contracts, company size, and bid protests.

Important Information Regarding SBA OHA Size Appeal and SBA Size Standards Determination Protests

See information about past performance of parent companies.

Learn about SBA affiliation and identity of interest in size appeals.

Learn about SBA mentor-protege and joint venture exception to affiliation.

See Additional Information

Call Our SBA Small Business Size Protest Lawyers & SBA OHA Appeal Attorneys

Call Watson & Associates’ SBA OHA small business size appeal and NAICS Code size bid protest lawyers for immediate help. We offer a free initial consultation. 1-866-601-5518.