We represented a government contractor who filed a size protest before the Small Business Administration (SBA) Area Office, contending the apparent awardee was ineligible for award under the solicitation’s applicable size standard. The SBA Area Office agreed. The apparent awardee appealed to the SBA’s Office of Hearings and Appeals (OHA), and our team swiftly intervened. The crux of the matter was whether the apparent awardee, a mentor protégé joint venture, was eligible to be awarded the contract over four years after receiving its first contract award. The pertinent regulations provide that a joint venture cannot avoid a finding of affiliation if more than two years elapsed since receiving its first award.
Clinging to language in the 2020 amendment of the pertinent regulation that the amendment did not have retroactive effect, the apparent awardee claimed that the amendment to the regulation essentially reset the two-year period during which it could receive contract awards. Our team successfully argued that the amendment did not reset the two-year period, and the OHA ultimately affirmed the SBA Area Office’s size determination. The apparent awardee then filed a bid protest before to the U.S. Court of Federal Claims based on much the same arguments. Our team once more intervened, and again was able to defeat the apparent awardee’s arguments, resulting in denial of the protest.
For additional information, please visit Judge Closes Small Biz Bidding Window On Joint Venture – Law360.