SBA Bid Protest Lawyer
Attorneys Specializing in Government Contracts
Small Business Protests and Appeals
>SBA Bid Protest Lawyers. Attorneys Specializing in Government Contracts. Small Business Appeals. FAR 19.302 Size or Status Protest Attorneys. FAR 19.103 Appealing Contracting Officer’s Determination of Applicable NAICS Code.
Get needed attorney help to ASSERT or DEFEND AGAINST against a small business size protest filed with the Contracting Officer – or by the Contracting Officer (CO), another Offeror, or the Small Business Administration (SBA) – in connection with a U.S. Government procurement under FAR 19.302 and 13 C.F.R. part 121.
You can also challenge the CO’s determination of the applicable 6-digit NAICS code (and its associated size standard) under FAR 19.103 and 13 C.F.R. § 121.1103.
Discover how a government contracts lawyer can navigate complex regulations and protect your small business interests effectively.
Jeffrey Giancola, the Principal, graduated with honors from Columbia University and obtained his law degree from the University of Virginia. He is a licensed member of the Maryland State Bar and possesses three decades of expertise in Government procurement. This establishment, which is overseen by attorneys, specializes exclusively in U.S. Federal Government contract affairs.
CONTACT Mr. Giancola here now: SBA SIZE PROTEST LAWYER.
1. SBA Small Business Size Protests (FAR 19.302 and 13 C.F.R. part 121):
Per FAR 19.302(a), at any time after offers are received by the Contracting Officer under a specific U.S. Federal Government contract solicitation, the Contracting Officer may question the small business SIZE representation of any offeror in that specific solicitation by filing a Contracting Officer’s size protest with the SBA.
See also:
SBA Form 355 Information for Small Business Size Determination
2. SBA Small Business Status Protests (FAR 19.302 and 13 C.F.R. part 121):
Small business bid protests may also be lodged against the STATUS of a small business, i.e., whether it qualifies as a small disadvantaged business (SDB) (FAR 19.304), a HUBZone small business (FAR 19.306), a Service-Disabled Veteran-Owned small business (SDVOSB) (FAR 19.307), or a Women-Owned small business (WOSB) (FAR 19.308).
——-
Per FAR 19.302(c), any Contracting Officer who lodges such a protest – or who receives such a protest from another offeror or interested party – must forward the protest document file to the SBA Area Office encompassing the area in which the headquarters of the offeror being protested is located.
3. SBA Size or Status Bid Protests – Timeliness
While the Contracting Officer can file a SBA small business size or status protest at any time after the offers are opened, another offeror or interested party filing such a protest must do so subject to VERY STRICT timeliness requirements: To be timely, a protest by any concern or other interested party must be received by the Contracting Officer by the close of business of the FIFTH BUSINESS DAY after bid opening (in sealed bid acquisitions) or receipt of the special notification from the contracting officer that identifies the apparently successful offeror (in negotiated acquisitions).
It is HIGHLY RECOMMENDED that you retain the services of a qualified and experienced Government Contracts lawyer to represent you in any of the above types of small business bid protest actions. These cases move VERY QUICKLY through the SBA Area Office deliberation process, and failure to submit documents or respond to SBA inquiries in a timely or compliant manner is treated harshly by the SBA.
4. Appeals of Small Business Size or Status Protests Denied by SBA Area Office:
An APPEAL from an SBA small business size or status protest that has been denied by the SBA Area Office may be filed with the SBA’s Office of Hearings and Appeal (OHA) within the time limits and in strict accordance with the procedures contained in Subpart C of 13 C.F.R. part 134. Again here, it is HIGHLY RECOMMENDED that you retain the services of a qualified government contracts lawyer to pursue – or defend against – such an appeal.
NOTE: SERIOUS legal issues can arise concerning a firm’s REPRESENTATION that it qualifies as a small business for a specific Federal procurement (including its status as a small disadvantage business (SDB), an 8a firm, a HUBZone small business, a Service-Disabled Veteran-Owned small business (SDVOSB), or a Women-Owned small business (WOSB)). It is highly recommended that you contact us at the link below if you have concerns in this area.
5. Appeals of CO’s Determination of 6-Digit NAICS Code Applicable to Small Business Set-Aside Procurement (FAR 19.103 and 13 C.F.R. § 121.1103).
This is an interesting and not well-known basis for a SBA bid protest. But first, a bit of background:
The North American Industry Classification System (NAICS) establishes standards for classifying businesses and industries in the U.S., Canada, and Mexico. Six-digit codes are assigned to each industry by the U.S. Census Bureau to aid in classification for economic purposes. See
U.S. Census Bureau List of 6-Digit NAICS Codes
The SBA assigns different size standards to each code based on receipt (revenues) or number of employees. SBA maintains a NAICS manual that explains the system for assigning the codes. It also maintains a current table of all the size standards assigned to the codes. See
SBA Manual of Size Standards by NAICS Codes
Per 13 C.F.R. § 121.1103(b)(1), a small business has 10 calendar days from the date of issuance of the solicitation to file a NAICS Code appeal, and these appeals are filed directly with the SBA Office of Hearings and Appeals (OHA) (with a copy sent to the CO and SBA’s Office of General Counsel). Per 13 C.F.R. § 134.314, the appellant has the burden of proof by a preponderance of the evidence that the CO’s NAICS code designation for the procurement based on clear error of fact or law. It also has to prove what the correct NAICS code should be. This is a high – but not impossibly so – evidentiary burden for the appellant. Having a skilled and experienced attorney on your side can obviously be very helpful in this regard.
Filing this type of appeal can be a shrewd strategic move for a small business. For example, the current CO-assigned NAICS code may have a dollar or number of employees standard that is too low in that it excludes your small business. If you can “bump” the NAICS code into one with higher limits, your company can now compete in the set-aside acquisition. Or, if you feel that the current CO-assigned NAICS Code is too high, you could use this appeal process to try to get it lowered and thereby reduce the number of potential competitors eligible to participate in the bidding process.
——-
Whether it be a SIZE, STATUS, or NAICS CODE protest/appeal, One Thing NOT to do: Don’t go it Alone!
CONTACT us here now to consult with Mr. Giancola about your potential case: SBA BID PROTEST LAW FIRM.
——-
NOTE: the GAO will NOT take jurisdiction over the above types of small business protests, and it is a waste of time and money to file such a protest in this forum as it will be promptly dismissed. Please click on the following link if you think that you may have the basis for a GAO protest: CONTACT GAO BID PROTEST LAWYER.
——-
SBA Bid Protest Lawyer Links
* Find Out if You Qualify as a “Small Business” for Federal Procurement Purposes
https//www.sba.gov/size-standards/
* Find the SBA Small Business Size Standards Regulations
https//www.sba.gov/federal-contracting/contracting-guide/size-standards
* Explore the Five Different Types of SBA Small Business Federal Contracting Programs (WOSB, SDVOSB, 8a, HUBZone, and All Small Business Mentor-Protege)
https//www.sba.gov/federal-contracting/contracting-assistance-programs
* Have You Received a FAR Cure Notice or a Show Cause Letter from the Government?
Cure Notice – Show Cause Notice – Letter of Concern
* Have You Been Accused of Government Procurement Fraud?
Contact a Procurement Fraud Lawyer Here Immediately
* Do You Need an Overseas Government Contractor Lawyer?