Sba size protest. ” TMC appealed to OHA.

Sba size protest Market research and competitive analysis; Write your business plan; Calculate your startup costs Sep 30, 2022 · We reviewed the U. 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 Timelines for Filing an SBA Size Protest. Regardless of whether you file an SBA size protest on your own or hire a size protest attorney, neither you nor your attorney needs to travel to Washington, D. A SBA size protest related to a sealed bid must be filed within five business days of bid opening–and the bid protest rules under FAR Part 33 do not provide for a longer protest window. Sep 30, 2024 · In general, there are four potential sources of small business size protests of small business set-aside or reserved procurements: other interested parties (i. In the size appeal of Navarre Corporation, SBA Siz-5492 (July 24, 2018), the SBA Office of Hearing and Appeals (“OHA”) dismissed a size protest as untimely. SBA small business size protest litigation requires you to show, under the set legal standard for government contract protests, why the awardee is not a small business. Jul 17, 2011 · Enterprise Information Services, Inc. First, an interested party may protest a size certification within five business days after the long-term contract is initially awarded. If two businesses are affiliated with each other, the SBA will combine their revenue to determine if they meet the size standard applicable to the procurement. Rule for SBA Size Protest Timelines. On July 17, 2014, the SBA notified Axxon of the size protest. *1 On May 5, 2021, the U. However, unsuccessful offerors on interested parties must file a size protest within five business days after unsuccessful bidders are notified. Having an experienced SBA NAICS Size Standards Table and affiliation attorney that also understands the legal disputes arising under NAICS small business size standard table to litigate or defend appeal can make the difference between keeping or giving up the awarded contract. In other words, you cannot 13 CFR 121 Small Business Definition When does your small business size normally count for purposes of an SBA size protest? If you are faced with defending a size protest about the 13 CFR part 121 small business definition, arguments pertaining to a conflict between 13 CFR Part 121. (1) The SBA regulations on small business size and size protests are found at 13 CFR part 121. Small Business Administration (SBA) established in 1983 to provide an independent, quasi-judicial appeal of certain SBA program decisions. The baseline rule for SBA size protests is that a business’s size (for a receipts-based size standard) is determined by looking at the average annual receipts for the last … Continue Reading Size Protest Update: Can the SBA Rely on Tax Returns Filed After the Date of Self-Certification? Jan 7, 2025 · To give teeth to the new disqualifying recertification provisions, SBA has added new protest and size determination request provisions tied to the recertifications required by the new 13 C. S. Business concerns are affiliated if one has the potential to control the other. This administrative action enables small business entities to challenge the size classification of a competing bidder, as seen in the case of Harmonia Holdings Apr 27, 2021 · If the company responding to the size protest “fails to submit a completed SBA Form 355, responses to the allegations of the protest, or other requested information within the time allowed by SBA, or if it submits incomplete information, SBA may presume that disclosure of the information required by the form or other missing information would Oct 10, 2024 · Size protests can be filed by other interested parties, such as competitors, contracting officers, funding agreement officers, or SBA itself. With 8(a) eligibility issues off the table, 8(a) joint ventures may find it easier to survive the SBA size Small Business NAICS Code Size Standard Appeal t0 SBA OHA Showing that Both SBA and Contracting Officer Made a Serious Mistake (in solicitation for bulk laundry services, proper SBA NAICS size standards should have been 812320 ( Drycleaning and Laundry Services (except Coin-Operated)), with a corresponding size standard of $5. One is that contractors can now file size and socioeconomic status protests for certain types of orders, under strict timelines. SIZ-5158, at 2 (2010). was the apparent successful offeror. (1) After receipt of a protest or a request for a formal size determination, if no protest is pending under FAR subpart 33. R. Sep 13, 2024 · Any interested party can protest a winning bidder's small business size status. Impact of Small Business Protests on Federal Awards SBA’s size and status determinations are binding on the award decisions of agency contracting officers and, as a result, can have significant government-wide impact. The Rule would also create consistent rules for who can initiate a size or status protest across SBA’s small business programs. OHA Appeal Small Business attorneys 13 CFR 121. SIZ-6073) the SBA Office of Hearings and Appeals (“SBA OHA”) found that an SDVOSB was ineligible for award because it will rely too heavily on its subcontractors to supervise the work. Small Business Administration (SBA) official who issued the determination The contracting officer for the procurement at issue The business whose size is at issue The Office of Hearings and Appeals (OHA) is an independent office of the U. 1 protest and requirements to update a business's size and socioeconomic status in the System for Award As a small business competing for federal government contracts, you will at some point experience the dilemma of having to defend or respond to an SBA size protest. The solicitation was for an IDIQ type contract for construction projects at the VA Medical Center, Lexington. Jun 11, 2014 · The SBA Area Office then dismissed the size protest, determining that because the BPA was issued under a long-term GSA Schedule contract and because the Contracting Officer had not instructed offerors to submit size recertifications, there was no mechanism for the SBA to decide a size protest regarding the award of the BPA. Feb 3, 2023 · This most recent decision confirms that even though the Claims Court has bid protest jurisdiction over challenges to SBA size determinations related to contract awards, the Claims Court will dismiss size protests when the size determination arises "in connection with" a task or delivery order, unless the order has a value of more than $25 Mar 11, 2016 · Print Article. Second is that agencies must notify SBA when they seek to remove certain contracts from the 8(a) Program. Small Business Administration’s (SBA) process for handling complaints, or protests, filed to request review of contracts awarded to businesses that may not have been eligible in size or certification status, as required by the offer terms. There are very strict time limits set forth in 13 C. The "protester" is not complaining about some act of the government, It is challenging an offeror's representation that it's a small business and asking SBA, through the contracting officer, to make a formal size determination. 1004(a)(3)(i). Apr 5, 2023 · In a recent size determination appeal, OHA confirmed that an offeror found technically unacceptable does not have standing to protest an awardee's size under SBA's regulations. The SBA Office of Hearings and Appeals is an appellate forum and lacks jurisdiction to hear initial size protests. K4 Solutions, Inc. Last week, I wrote about an SBA Office of Hearings and Appeals case holding that a parent couldn’t file a size appeal on behalf of its subsidiary. As such, OHA denied the appeal and affirmed the Area Office's size determination dismissing the size protest on such grounds. In December of 2023, the SBA Area Office issued a size determination against the Contractor. 1009: What are the procedures for making the size Dec 10, 2013 · Print Article. 805. 1007(b) of the SBA regulation, rules on size protest requirements suggest that a small business size protest must be sufficiently specific to be considered reasonable notice as to the grounds upon which you are questioning the awardee’s small business status. , which had previously certified its small business size on the underlying IDIQ contract, filed a GAO protest. SIZ-5197 (2011), the SBA’s Office of Hearings and Appeals held that a SBA size protest was insufficiently specific when the protester alleged that the contract awardee did not list the NAICS code in question, NAICS code 541519, in its Central Contractor Registration profile. In the event of a protest, SBA will determine the size or status of the winning small business. 1007: Must a protest of size status relate to a particular procurement and be specific? § 121. gov), advertising materials and other information indicating that a company is large or affiliated with another company. ” Overall, the OIG had positive things to Call us today for a free consultation and learn how we can help you navigate the SBA Size Protest process and defend your small business status. Protests are filed with the Contracting Officer, not SBA. (a) Time frame for making size determination. Firms cannot reduce size to regain status for a protested award after an adverse SBA decision. Sep 14, 2016 · The RFQ was issued as a total small business set-aside. The Office of Hearing and Appeals held the SBA was wrong. This opens up a new avenue to protest. But, while the regulation does provide for certain In Indigo Blue Construction, LLC (SBA No. May 31, 2016 · The SBA points out that, while such offerors cannot file viable size protests of their own, “SBA and the contracting officer may file a size protest at any time, so any firm, including those that do not have standing, may bring information pertaining to the size of the apparent successful offeror to the attention of SBA and/or the contracting (c) Protests relating to small business size status are subject to the procedures of 19. Jun 29, 2021 · Many small businesses learn the hard way that a “bid protest” and a “size protest” differ in much more than name only. Apr 27, 2022 · What is a size protest? As a refresher, an offeror has to be a small business under the NAICS code assigned to a solicitation set-aside for small businesses in order to qualify for the award. 800 through 126. 103. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. To appeal an SBA Area Office size protest decision, you must show that you were “adversely affected” by the size determination. 103 , affiliation in federal procurement and SBA regulations can be found under a variety of circumstances. Size Appeal of FitNet Purchasing Alliance, SBA No. They must deliver the written protest to the SBA therefore has the power to decide size protests. It argued that its initial size certification should be valid throughout the term of the IDIQ, without any need for recertification for individual task order competitions. ” Once a GAO decision is issued, SBA will resume the size determination. An interested party seeking to protest both the small business size and WOSB or EDWOSB status of an apparent successful offeror shall file two separate In Indigo Blue Construction, LLC (SBA No. If are served with a protest, having experienced SBA bid protest lawyers can help. SIZ-5863 (October 27, 2017) For help with an adverse SBA size determination or help with SBA NAICS Size Standards compliance with 13 CFR 121, call our experienced SBA Size Standard protest lawyers and government contract attorneys at 1-866-601-5518. Depending on the circumstances, SBA can Aug 20, 2021 · offeror, filed a size protest with the SBA Area Office (“Area Office”) challenging SSI’s size. Nov 1, 2020 · In Indigo Blue Construction, LLC (SBA No. Legal news and notes for small government contractors A size protest is a formal objection lodged with the Small Business Administration (SBA) regarding the size status of a business competing for a contract reserved for small businesses. 1001(a). The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) reiterated in a recent protest that in a long term contract, such a 5 year multiple award contract (“MAC”) or a General Services Administration (“GSA”) Federal Supply Schedule Contract (with a duration longer than 5 years), a size protest may only Aug 10, 2020 · This entry was posted in GAO Bid Protests, SBA Size Protests and tagged bid protests, GAO bid protests, nonmanufacturer rule, SBA size determinations, SBA size protests, SBA size standards, SBA size standards table, size protests. A sound SBA protest should align the supported allegations with relevant SBA regulations and case law. Dec 15, 2016 · The SBA Area Office reasoned that the purpose of the SBA’s size protest system is to “give standing to those concerns whose successful [size] challenge would enable them to compete for award. The government contracts marketplace has become increasingly competitive. During a size protest determination, SBA will ask the protested company lots of questions. 1010 or OHA (1) Within 15 business days after receipt of a protest or request for a formal size determination or within any extension of time granted by the contracting officer the SBA Area Office will determine the size status of the challenged concern. The adverse inference rule says that, if SBA requests specific information and a protested company refuses to provide it, SBA may assume that the missing information would show Apr 19, 2024 · An adverse inference is a penalty that the Small Business Administration (SBA) can enforce as part of a size protest. After unsuccessfully attempting to persuade the agency to get rid of the requirement, Radiance filed a protest with GAO. AdMed filed a size appeal with SBA OHA, arguing in part that the solicitation permitted AdMed to file a SBA size protest within ten days of notice of award. OHA hears the following appeals: Size determinations, We are experienced in size protests and ready to help whether you want to file a size protest or face a protest filed by a competitor. 201. SBA's protest regulations are found in subpart H “Protests” at 13 CFR 126. (b) (1) For sole-source procurements, SBA or the contracting officer may protest the prospective contractor's certified HUBZone status; for all other procurements, SBA, the contracting officer, or any other interested party may protest the apparent successful offeror's certified HUBZone status (see Jul 11, 2022 · SBA's Office of Hearing and Appeals (OHA) recently said that the SBA Area Office should have informed the protested concern of the issues its adverse size determination focused on before ruling against the concern's size eligibility on that basis. May 31, 2024 · If a Veteran-Owned Small Business (VOSB) or Service-Disabled Veteran-Owned Small Business (SDVOSB) is awarded a Federal Government procurement (awardee), the following parties can file a protest: For sole source procurements SBA, VA, or the contracting officer may protest the proposed awardee’s VOSB or SDVOSB status. (a) Protests by entities other than contracting officers or SBA —(1) Sealed bids or sales (including protests on partial set-asides and reserves of Multiple Award Contracts and set-asides of orders against Multiple Award Contracts). SBA regulations governing size protests permit a protestor to file a size protest relating to such a contract at only three times. (c) Protests relating to small business size status are subject to the procedures of 19. SIZ-5089, at 4 (2009) Sep 30, 2024 · Otherwise, the SBA provides the protested business with a copy of the protest and asks for a response to the protest’s allegations and a completed SBA Form 355, Application for Small Business Do I need a lawyer to file or defend a SBA size protest? No. According to 13 CFR 121. 302(d)(1) – Specifies when size protests are due on negotiated procurements (including protests on partial set-asides and reserves of multiple-award contracts and set-asides of orders The best way to preserve your rights for appeal is to make sure that you present all facts and evidence at the initial size protest level. To file a protest, send the specific reasons for why you believe the winning business is not small to the contracting officer for that procurement. 1004 for filing a size protest, depending on the type of procurement or award. Size Appeal of Service Disabled Veteran Contractors, LLC, SBA No. Note: Although an SBA size protest based upon family relationships and identity of interest involve longstanding rules, there is also a rebuttable presumption to affiliation that the protested company can Nov 17, 2023 · You can find small business size regulations in 13 CFR 121. 13 C. Jul 16, 2011 · The decision of the SBA’s Office of Hearings and Appeals in Size Appeal of DHS Systems, Inc. Feb 20, 2018 · Print Article. For all other procurements Nov 10, 2014 · A competitor filed a SBA size protest, challenging Axxon’s small business status and compliance with the non-manufacturer rule. The SBA Area Office will notify the contracting officer, the protester, and the challenged concern of its decision by a verifiable means, which However, there are uniquely different legal considerations when filing a small business size protest at the SBA. As of now, any WOSB or SDVOSB offeror can bring a size protest. Dec 16, 2020 · Size protests help protect the integrity of small business contract awards. " The SBA policy statement identifies the May 8, 2017 · The solicitation was issued as a small business set-aside under NAICS code 236220 (Commercial and Institutional Building Construction), with a corresponding $36. Nicole Pottroff Partner Koprince McCall Pottroff LLC 785-200-8919 Email Post navigation Jun 17, 2024 · This task order did not require a recertification of size. Government contract lawyers at the firm aggressively represent our clients to ensure fair treatment during the competitive procurement Apr 25, 2024 · 10 steps to start your business; Plan your business. At bottom, a size protest is a challenge to a proposed awardee’s size. SBA will generally dismiss any size protest relating to an initial apparent successful offeror where an agency decides to reevaluate offers as a corrective action in In a recent case , Size Appeal of Global Dynamics, LLC, SIZ-5979 (December 17, 2018), the SBA Area Office rejected a size protest as untimely because it was not filed within 5 business days after the original award to GiaCare and MedTrust JV, LLC (“GiaMed”). The regulations in 13 CFR 121. 23, 2021), OHA considered an appeal of size protest by Odyssey for two GSA OASIS contract task order awards to Millennium Engineering and Integration LLC (MEI) for technical and engineering support services under the small business pool. This occurs after you are awarded a federal small business contract and a competitor challenges your small business size standard compliance by filing a small business size protest Jan 30, 2016 · SBA Office of Hearing and Appeals (“OHA”) held that Government assigned wrong NAICS code because the contract is for administrative support services, not engineering services. When you decide to file an size protest, keep in mind that SBA size protest regulations require you to file a protest within five business days after you knew, or should have known, that the contract was awarded. SIZ-5211 (2011) offers some guidance as to which provisions pass muster under the SBA affiliation rules, and which do not. Mar 11, 2016 · The SBA does not evaluate compliance with the limitations on subcontracting as part of the SBA size protest process. (2) An offeror, the contracting officer, SBA, or another interested party may protest the small business representation of an offeror in a specific offer for a contract. 5 million size standard. May 16, 2016 · Print Article. Size protests are challenges about whether the awardee is in fact a small business. SBA size protest rules do not have a time limit for when a contracting officer can file a size protest. Jun 17, 2021 · Size Protests. (a) (1) The SBA regulations on small business size and size protests are found at 13 CFR part 121. (Appellant) against Millennium Engineering and Integration LLC (MEI). 413 apply to all federal contracting programs for which small business status is required or advantageous, including the small business set-aside program. In a recent decision, the SBA Office of Hearings and Appeals confirmed that Jun 19, 2012 · NMA Architects, a competitor, filed a SBA size protest. 1001(a) which set out the statutory framework for who can initiate a small business size status protest. The reason for the clarification was that both contracting (a) Definition. Jan 2, 2024 · But there are still some common red flags that have historically led contractors to file size protests–and that have even led SBA to agree and sustain in many cases. Nov 28, 2023 · SBA's size protest rules contain a stick to force companies to respond to SBA as part of size determination. SIZE APPEAL OF: Johnson Development, LLC, SBA No. There are size standards – either employee based or revenue based – that are used to determine whether a company is a small business. At the most basic, a size protest is a challenge to an awardee’s size. 404(a) and 13 CFR 121. In addition, even though SBA size appeals may be filed within fifteen days, small contractors should consider filing them sooner. Now, a small business’ size is based on the average of its last five (5) years of receipts. If a party wants to challenge a size protest decision by the SBA Area Office, it may appeal to the SBA’s Office of Hearings and Appeals (OHA). McCall Jan 25, 2018 · SBA Size Protests; SBA OHA Size Appeals; GAO Bid Protest Attorney Services; SBA Size and Affiliation Matters; 8(a) Program Attorney Services; Service-Disabled Veteran-Owned Small Business Programs; HUBZone Program; Women-Owned Small Business Program Attorney Services; Joint Venture Agreements and Teaming Agreements; Federal Mentor-Protégé . Sep 27, 2022 · Accordingly, the Rule would expand a disappointed offeror’s ability to bring a size or status protest under sealed bid procurements. ) These limitations on subcontracting are crucial for any small business federal contractor to be familiar with, and we have discussed how they work here. SBA Government Contracting Area Office; Other Interested Parties; Other Government Officials; Standing to file a Size Appeal. A SBA size protest must contain some basis for the belief that the company being protested is not an eligible small business. After evaluating quotations, the TSA announced that Systems Integration, Inc. 5 million average Apr 26, 2023 · The new rules will make clear that “if a protest is pending before GAO [or COFC or the agency], the SBA Area Office will suspend the size determination case. The RFP was based on NAICS code 541330, “Engineering Services, under the Military and Aerospace Equipment and Military Weapons (MAE&MW) Exception,” with a In Indigo Blue Construction, LLC (SBA No. This regulation sounds simple enough. Court of Federal Claims (“COFC”) after award, a “size protest As a small business, you may be faced with a small business size protest and challenges to 13 CFR 121. SBA regulations provide that: If a concern whose size status is at issue fails to submit a completed SBA Form 355, responses to the allegations of the protest, or other requested information within the time allowed by SBA, or if it submits incomplete information, SBA may presume that disclosure of the information required by the form or other No and no. . SBA will provide a copy of the protest to the protested concern together with SBA Form 355, Application for Small Business Size Determination, by certified mail, return receipt requested, or by any overnight delivery service that provides proof of receipt. It was filed over a year after the VA awarded the contract to Owl, Inc. For additional information about SBA small business size protest requirements if you are awarded the contract, or to get help either defending or filing an SBA size protest or appeal, call our SBA bid protest lawyers at 1-866-601-5518. The Contractor at issue, was awarded this small business task order, and a protest followed. ALL STATES. ” Oct 2, 2024 · Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Jan 17, 2025 · (1) The SBA regulations on small business size and size protests are found at 13 CFR part 121 . (b) (1) For sole-source procurements, SBA or the contracting officer may protest the prospective contractor's certified HUBZone status; for all other procurements, SBA, the contracting officer, or any other interested party may protest the apparent successful offeror's certified HUBZone status (see Mar 6, 2018 · SBA Size Protests; SBA Size Protests: File With Contracting Officer, Not OHA; SBA Size Protests: Protester Must Be In Competitive Range; SBA Size Protests: Investigation Not Required Outside Of Protest Allegations; Kingdomware Doesn't Affect SBA Size Protest Timeliness, Says SBA OHA; SBA Size Protests: Subsidiary Couldn't File for Parent Call our SBA Small Business Size Protest Lawyers for Immediate Help. Last week, I wrote about an SBA Office of Hearings and Appeals case holding that a parent couldn’t file a size Jun 4, 2015 · What FAR and the SBA regulations call a "size protest" should be called a challenge, because that's what it really is. Oct 16, 2024 · Radiance was a small business when GSA awarded it the OASIS IDIQ back in 2014, but, by this point, it was no longer small under the given size standard. 302. R Dec 30, 2024 · Protests and Size Determinations to Enforce the Rule: The Rule allows a MAC holder to (1) file a size protest challenging a fellow MAC holder’s size recertification (made under the new § 125. Further, a protestor not learning the grounds for its protest until the debriefing is no basis for extending the deadline for filing a protest. However, you should strongly consider hiring an experienced SBA size protest attorney to file your protest, or defend against a competitor’s size protest. SBA Size protests are often based on alleged affiliation. SIZ-6189, 2023 (Feb. § 121. That stick is called the adverse inference rule. AR 3. NMA alleged that TTG was not a small business because it was affiliated with another company, with which it shared an address. FAR 19. A subsidiary cannot file an SBA size protest on behalf of its parent company. The SBA does not evaluate compliance with the limitations on subcontracting as part of the SBA size protest process. As demonstrated in a recent decision of the SBA Office of Hearings and Appeals, a protester’s “bare allegation” that the protested firm does not qualify is insufficient, and will cause the SBA to dismiss the size protest. An interested party seeking to protest both the small business size and service-disabled veteran-owned small business status of an apparent successful offeror shall file two separate protests. Certain government programs, such as SBA loan programs and contracting opportunities, are reserved for small businesses. AID argued that, when SSI’s “receipts from its own business activity” are combined with its “significant ownership interest” in PMA, SSI exceeds the size standard for the Solicitation. Mar 8, 2022 · SBA regulations governing size protests permit that a protestor may bring a size protest relating to such a contract only in three situations (footnote omitted). Bookmark the permalink. Legal news and notes for small government contractors Published by Koprince McCall Pottroff LLC | Edited by Shane J. Today, we focus on revisions to the regulations governing size protests and requests for formal size determinations under multiple-award contracts, pursuant to the new 13 C. C. The SBA Area Office dismissed NMA Architects’ SBA size protest as premature. F. 2-2021-051-052, dismissing two size protests filed by Odyssey Systems Consulting Group, Ltd. As used in this section-Interested party has the meaning given in 13 CFR 126. As explained in a recent SBA OHA decision, size protests must be filed with the relevant Contracting Officer, who then refers the matter to the appropriate SBA Area Office. SBA size protests may be filed from anywhere in the world by email or facsimile, and SBA size protests are decided without any in-person argument. 1001-1010. May 30, 2023 · The final rule also makes several changes regarding SBA's size protest procedures, including in the context of sealed bid procurements, following corrective action taken in response to a Federal Acquisition Regulation (FAR) Subpart 33. Governed under 13 CFR 121. While the protest was dismissed, the SBA decided to conduct a size protest on its own. Feb 20, 2018 · A subsidiary cannot file an SBA size protest on behalf of its parent company. The appeal must be Watson & Associates LLC SBA Size Protest Lawyers, NAICS Attorneys and Bid Protest Law Firm. The task order solicitation “did not include any SBA Office of Hearing and Appeals (“OHA”) held that Government assigned wrong NAICS code because the contract is for administrative support services, not engineering services. 1001(a)(11)–(12). If you are uncomfortable dealing with any of the below issues, then contact us today to schedule a consultation with our SBA Size Protest Lawyers Jun 28, 2021 · (5) A concern determined to be other than small under a particular size standard is ineligible for any procurement or any assistance authorized by the Small Business Act or the Small Business Investment Act of 1958 which requires the same or a lower size standard, unless SBA recertifies the concern to be small pursuant to § 121. AR 3784. See 13 CFR 121. Dec 6, 2024 · SBA Size Protests; SBA OHA Size Appeals; GAO Bid Protest Attorney Services; SBA Size and Affiliation Matters; 8(a) Program Attorney Services; Service-Disabled Veteran-Owned Small Business Programs; HUBZone Program; Women-Owned Small Business Program Attorney Services; Joint Venture Agreements and Teaming Agreements; Federal Mentor-Protégé Small Business Administration and SBA affiliation rules regarding identity of interest challenges can be complex and confusing when litigating in a small business size protest case. 3, Sep 14, 2016 · When the SBA evaluates a size protest, it is not required to investigate issues outside of those raised in the size protest itself. 1 dated February 20, 1986 The SBA states that it will count independent contractors or persons employed by a staffing company as employees if a the contractor is "deriving the usual benefits incident to employment of such individuals. SBA affiliation rules and the Ostensible Subcontractor Rule are the underlying legal theories in a small business size protest litigation case. In a (a) Definition. Sometimes, a protester will not answer those questions, either on purpose or due to oversight. This is a change from the prior three (3) year receipts period. 401 through 121. , a large business when only one concern submitted an offer). 1008: What occurs after SBA receives a size protest or request for a formal size determination? § 121. In a recent decision, the SBA Office of Hearings and Appeals confirmed that subcontracting limits are the domain of the procuring agency, which is to consider compliance (or lack thereof) as part of its responsibility determination. What is a small business set-aside? The Government exerts its best efforts each year to award a certain percentage of new contracts by limiting some procurements to small businesses. Our SBA size protest lawyers have a proven track record of success in these types of cases and will work tirelessly to defend your business against size protests or file a size appeal on your behalf. Whereas generally a “bid protest” challenges agency action taken in connection with a procurement and can be timely brought at the Government Accountability Office (“GAO”) or in the U. Here are three to avoid. § 125. Feb 12, 2024 · An adverse inference is a penalty that the Small Business Administration (SBA) can enforce as part of a size protest. SIZ-6135, 2021 (Dec. Under the SBA’s new rulings, it seemed to clarify 13 CFR Part 121. SIZ-6073) the SBA Office of Hearings and Appeals (“SBA OHA”) found that an SDVOSB was ineligible for award because it Nov 12, 2017 · The SBA Office of Hearing and Appeals agreed and affirmed the Area Office’s determination that Johnson Development was not a small business. Based on the number of times we’ve written about size and status protests for orders under multiple award contracts his is an area in need of clarity. 12) in connection with a merger, acquisition, or sale prior to the expiration of the 5 th year of the MAC (or the issuance of options thereafter) and (2 (1) For SBA's Small Business Set-Aside Program, including the Property Sales Program, or any instance in which a procurement or order has been restricted to or reserved for small businesses or a particular group of small businesses (including a partial set-aside), the following entities may file a size protest in connection with a particular When will a size protest be referred to an SBA Government Contracting Area Office? § 121. Sep 8, 2015 · Print Article. After evaluating competitive proposals, the agency announced that Olgoonik Diversified Services, LLC was the apparent successful offeror. May 20, 2012 · SBA size protests are a powerful tool to challenge a competitors' small business status, but SBA size protest mistakes are common. While Jan 17, 2025 · (2) SBA’s protest regulations are found in subpart F "Protests" at 13 CFR 127. Mar 16, 2022 · Consulting Grp. A recent decision of the SBA Office of Hearings and Appeals If SBA upholds the protest, SBA will remove the concern's HUBZone status in the Dynamic Small Business Search (DSBS). Oct 11, 2023 · FAR 19. SBA Size Protest Requirements. SBA said it would make small but significant change to rules about when a business has to recertify its size and status for orders under multiple award contracts. SIZ-5618 (November 24, 2014), the SBA Office of Hearing and Appeals (“SBA OHA”) ruled that a Joint Venture Agreement was invalid for failure to comply with applicable regulations. ” TMC appealed to OHA. , Ltd. Dec 2, 2015 · OHA explained that, under the SBA’s size protest regulations, the SBA Area Office will base its decision “primarily on the information supplied by the protester or the entity requesting the size determination and that provided by the concern whose size status is at issue. SBA will provide a copy of the protest to the protested concern together with SBA Form 355 Effective December 30, 2019, size or status protests can be filed based on the ostensible subcontractor rule even where the prime contractor is unduly relying on small business subcontractor. 1, the SBA Area Office will issue a formal size determination within 15 business days, if possible; May 9, 2023 · 13 C. The size standards are based on the NAICS Code assigned to the solicitation. Our SBA size protest lawyers are well-versed in the various nuances and problems that small businesses face. May 31, 2024 · The SBA area office will make a size determination — usually within 15 business days of receiving the protest — and notify you, the protester, and the protested business. Dec 26, 2024 · The table of size standards can also be found online in the small business size regulations set forth in the Electronic Code of Federal Regulations. The awardee has publicly available information that, under SBA’s size regulations, indicates it may be other-than-small for the contract’s assigned size standard. SBA size protests cannot be validly filed by technically unacceptable offerors, according to a SBA OHA size appeal decision. Prior to the new rule , an offeror for a socioeconomic set-aside contract could protest an awardee’s SDVOSB, HUBZone, or WOSB status. Thus, for all receipts-based size standards To address this concern, the SBA issued SBA Size Policy Statement No. e. Jul 25, 2011 · In Size Appeal of SoftConcept, Inc. A If the protest pertains to a requirement that has been reserved for competition among eligible 8(a) BD program participants, the Area Director will notify the SBA district office servicing the 8(a) concern whose size status has been protested. Any interested party (including unsuccessful bidders, contracting officers, or the SBA) may file a size protest with the Agency Contracting Officer responsible for the award. K4 alleged that SII had been acquired by Rimhub Holdings, Inc. In addition to its lesson on due process, OHA also took this opportunity to distinguish totality Jan 7, 2025 · We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. In the SIZE APPEAL OF: KISAN-PIKE, A JOINT VENTURE, APPELLANT, SBA No. Mar 21, 2024 · The U. 1. Small Business Administration (SBA) Office of Government Contracting — Area II (Area Office) issued Size Determination No. Jan 20, 2019 · In a recent case , Size Appeal of Global Dynamics, LLC, SIZ-5979 (December 17, 2018), the SBA Area Office rejected a size protest as untimely because it was not filed within 5 business days after the original award to GiaCare and MedTrust JV, LLC (“GiaMed”). , an unsuccessful competitor, then filed a size protest. There is no right to appeal if the size determination has no apparent impact or Jan 6, 2020 · Effective January 6, 2020, the SBA has issued a Final Rule on how to calculate a small business’ size for all receipts-based size standards. As is typical in size protest cases, the SBA’s notification letter requested that Axxon respond within three working days. , SBA No. If SBA determines that the protested business is small, or dismisses the protest, you may award the contract. Ekagra Partners, LLC, SBA No. But be careful: if the spin-off doesn’t pass muster with the SBA, the “newly organized concern” affiliation rule may cause the spin-off to be ineligible for small business set-aside contracts, as occurred in Size Appeal of eTouch Federal Systems, LLC, SBA No. All supporting information must be included with the SBA size protest to avoid possible Sep 4, 2018 · Here are 5 Things You Should Know about size protests and appeals: What is a size protest? As a refresher, an offeror has to be a small business under the NAICS code assigned to a solicitation set-aside for small businesses in order to qualify for the award. in 2014, and thus was affiliated with Jun 26, 2012 · SBA OHA’s size appeal decision in Carntribe-Clement 8AJV #1 makes clear that when the SBA has approved an 8(a) joint venture, the SBA Area Office cannot re-examine 8(a) eligibility issues in the context of a SBA size protest review. Sep 8, 2015 · A SBA size protest related to a sealed bid must be filed within five business days of bid opening–and the bid protest rules under FAR Part 33 do not provide for a longer protest window. Like other protests, an SBA size protest is time sensitive. 600 through 127. 302(a)(2) – Clarifies which entities may initiate a size status protest by referencing the SBA’s regulations found at 13 CFR 121. 6 sets out the limitations on subcontracting for all small business set-asides (including 8(a), SDVOSB/VOSB, HUBzone, and WOSB/EDWOSB set asides. Dec 18, 2019 · Interestingly, this was not something that could be protested at SBA under the previous SBA size protest regulations or the FAR. 1004. A Joint Venture was created between an 8(a) company and a large business as an SBA approved Aug 3, 2012 · The SBA Area Office dismissed AdMed’s SBA size protest as untimely, holding that AdMed had failed to file the size protest within five business days of March 21, 2012. Oct 25, 2023 · The FAR Council has released updates that will impact a couple aspects of small business contracting. 605. Before addressing SBA Size and Status Protests, it is important for you to understand the concept of the government set-aside and qualifying as a small business. Mar 8, 2023 · The Small Business Administration's (SBA) Office of Inspector General (OIG) recently took a look at SBA’s recent small business size and status protests to determine “whether the SBA had effective controls in place to (1) ensure protest decisions were properly enforced and to (2) monitor the protest process. SIZ-5280 (2011), a decision of the SBA’s Office of Hearings and Appeals. The small business subcontractor must not be similarly situated, however. 103(h)(3)(iii) will not be successful unless there a facts to support the argument in your SBA size protests typically rely on independent evidence such as information on company websites, D&B Reports, CCR profiles (now SAM. The SBA size protest rules do not require a size protest to be filed or defended by a lawyer. The RFP was based on NAICS code 541330, “Engineering Services, under the Military and Aerospace Equipment and Military Weapons (MAE&MW) Exception,” with a Jun 27, 2024 · A losing bidder, contracting officer, SBA, or another interested party or government official can file a protest, questioning a winning business’ size or socio-economic status. Jul 24, 2012 · Small contractors should defend SBA size protests vigorously, and not count on a successful SBA OHA size appeal decision to “save the day” if a size protest goes awry. The procedures for making a size protest are outlined in 13 CFR 121. But SBA’s regulations have strict deadlines to file a size protest: a protest must generally be filed within five business days from when the disappointed offeror is notified of the awardee’s identity. Dec 2, 2019 · SBA recently proposed changes to a number of its small business rules. pwcg nabvfjd cfv ksvt uns qjunrf qywon tvvn afymiui bhgcx