SBA Hearings and Appeals

Specializing in small business size protests, the law firm of Malyszek & Malyszek is particularly well experienced in size determination decisions involving both SBA and SBA Office of Hearings and Appeals matters. Our accomplished team of government contract law attorneys will help you assess the specifics of your case and help you prepare a response to a small business size standard protest. Our SBA appeal attorneys will respond on your behalf regarding motions and protests, writing detailed legal preparations that will help advocate your position.

The Office of Hearings and Appeals (OHA) established in 1983 is an independent office of the Small Business Administration (SBA). It provides a quasi-judicial appeal of SBA program decisions. The OHA hears appeals based on contracting officer designations of North American Industry Classification System (NAICS) codes on Federal contracts, size determinations, and eligibility determinations for Women-Owned Small Businesses (WOSB), Economically Disadvantaged WOSB (EDWOSB), Service-Disabled Veteran-Owned Small Business Concerns (SDVO SBC), and BD eligibility determinations, suspensions, and terminations.

Appeals for small business size standards have increased considerably in the last two decades. Understanding SBA size appeals requires SBA appeal lawyers that are knowledgeable and understand government contract law and the nuances that arise when the SBA makes a bad decision.

When you find yourself competing against a business that challenges your small business size standard in a bid protest, you’re subjected to invasive SBA size appeal investigations. When faced with SBA size appeals, deadlines are general five business days after receiving notification. Notification can simply mean being aware of an award posting of You should always be on the lookout for actual postings and not simply rely on notification letters sent by mail. If an appeal protest is made by telephone, the contracting officer must later receive a confirming letter either within the five-day period in §121.1004(a)(1) or postmarked no later than one day after the date of the telephone protest.

If you’re trying to defend against an adverse SBA size protest decision, that’s where the law firm of Malyszek & Malyszek can help. With over four decades of experience specializing in government contract law and SBA matters, Malyszek & Malyszek small business size protest lawyers help our clients navigate through the myriad of complex rules covering SBA small business size standard protests and appeals.

We’re here to help.
• Develop proactive and strategic practices to avoid relationship
• Application of legal authority to help support your position
• Review the merits to file a small business size standard protest
• Investigate for factual errors and how to refute them
• Intervene in small business size standard bid protests
• Compile necessary information to defend the bid protest
• Timely response to all initial SBA investigations
• Aggressively represent your business in affiliation disputes

Call now for a FREE initial consultation and take advantage of our competitive rates.