If the SBA issues a size determination finding your company “other than small,” it can spell big trouble for your small business. Unless you take action, an adverse SBA size determination will cost you the contract you just won and could prevent you from self-certifying as a small business for future set-aside procurements carrying the same (or lower) size standard.
If you are on the receiving end of an adverse size determination, you have the right to appeal to the SBA’s Office of Hearings and Appeals (better known as OHA). If you need to file a size appeal with SBA OHA, SBA size appeal attorney Steven Koprince and Petefish, Immel, Heeb & Hird can help.
Filing a SBA OHA Size Appeal
As a SBA size appeal attorney, Steven Koprince has represented many small government contractors in filing successful SBA OHA size appeals. He has a deep understanding of the SBA’s size regulations and has carefully studied SBA OHA “case law,” the written decisions by OHA judges in prior cases, which guide SBA OHA in evaluating size appeals. Just as important, he understands how critical it is to preserve your “small” size status when it comes to your government contracting business.
Steven’s recent published SBA OHA size appeals include:
- SBA Size Appeal of Advent Environmental, Inc., SBA No. SIZ-5325 (2012)
- SBA Size Appeal of Standard Communications, Inc., SBA No. SIZ-5322 (2012)
- SBA Size Appeal of SP Technologies, LLC, SBA No. SIZ-5319 (2012)
- SBA Size Appeal of National Sourcing, Inc., SBA No. SIZ-5305 (2011)
- SBA Size Appeal of Hal Hays Construction, Inc., SBA No. SIZ-5217 (2011)
- SBA Size Appeal of Active Deployment Systems, Inc., SBA No. SIZ-5216 (2011)
Drawing on Steven’s knowledge and experience, Petefish can prepare and file a strong SBA OHA appeal on your behalf, asking the SBA OHA judge to overturn an adverse size determination issued by the SBA–and get you back in the small business game.
Or, if the SBA denied a size protest you filed against a competitor, Petefish can help you file a SBA OHA appeal asking the judge to reverse the size determination and find your competitor “other than small.”
Intervening in a SBA OHA Size Appeal
If you successfully protest the small business size of a competitor, your competitor may appeal the SBA’s size determination. In most cases, the SBA won’t step in to fight the appeal, meaning that unless you speak up, the SBA OHA judge only hears from one side–your competitor.
If your competitor has filed a SBA OHA size appeal, Petefish can intervene in your competitor’s size appeal on your behalf and fight to uphold the SBA’s size determination that your competitor is not an eligible small business.