SBA Size Protests
Government contract attorneys at Manfredonia Law Offices have the experience and resources to work closely with the client in filing a protest, or defending against one.
An SBA size protest must explain why a competitor is not a small business. The SBA protest should cite applicable SBA regulations and case law. The protestor should also provide as much supporting information as possible. This can be challenging since a protestor does not have access to his competitor’s financial documents and must typically rely upon information in the public domain.
SBA size protests must be based on more than a hunch. SBA size protests typically rely on independent evidence such as information on company websites, D&B Reports, CCR profiles (now SAM.gov), advertising materials and other information indicating that a company is large or affiliated with another company. All supporting information must be included with the SBA size protest to avoid possible dismissal.
The SBA size protest must also articulate all factual and legal grounds. The SBA may not consider facts or arguments added after a protest is filed. When a size protest determination is appealed to the SBA Office of Hearings and Appeals, the administrative judge generally will not allow the protestor to introduce evidence or arguments beyond the four corners of the original SBA size protest.
