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Small Business

  • Small Business Matters

We have worked with clients on a variety of small business matters. This entails familiarity with small business determinations and certifications, small business set-asides and small disadvantaged business programs. We also represent clients in size protests. In applicable situations, we pursue reimbursement from federal agencies for litigation costs incurred by small business clients under the Equal Access to Justice Act.

  • We devised a strategy to permit a small client to work closely with a larger firm while still retaining the client's small business designation to permit it to bid for a Navy contract.
  • We advised a client contemplating serving as a subcontractor to a small business on a NASA solicitation containing a total small business set aside; among the issues involved were the appropriate Standard Industrial Code classification (now the North American Industry Classification System) and the permissible affiliation standards.
  • We defended the small business certification of a client that supplies purified oxygen delivery systems for military aircraft against claims of affiliation with a large business.
  • We pursued a size protest against the awardee of a base services contract under circumstances where the awardee was controlled by one of the major shareholders of the prior incumbent base services contractor, which was itself no longer a small business, and where we established under the totality of circumstances that the awardee and prior incumbent contractor were affiliated.
  • We brought a size protest against an award of a contract to a domestic business that self-certified as small without disclosing its affiliation with a non-U.S. company.

 

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