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SBA OHA Size Appeals

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, Koprince McCall Pottroff LLC can help.


Filing an SBA OHA Size Appeal

Koprince McCall Pottroff LLC’s attorneys have represented many small government

contractors in filing successful SBA OHA size appeals.  We have a deep understanding

of the SBA’s size regulations and have 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, we understands how critical it is to preserve your

“small” size status when it comes to your government contracting business.

Koprince McCall Pottroff LLC can file an 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, Koprince McCall Pottroff LLC can help you file an SBA OHA appeal asking the judge to reverse the size determination and find your competitor “other than small.”


Intervening in an 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 an SBA OHA size appeal, Koprince McCall Pottroff LLC 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.


Size Appeal Articles on SmallGovCon

At Koprince McCall Pottroff LLC, we closely follow the latest written decisions of the SBA OHA judges.  These decisions  can provide valuable guidance to contractors about how to interpret the SBA size regulations, and can be critical components of a successful SBA OHA size appeal.

We regularly blog on SBA OHA decisions of note on our industry blog, SmallGovCon.  Click here to read our articles on SBA OHA size appeal decisions.


Contact Koprince McCall Pottroff LLC’s Government Contracts Attorneys

If you need SBA OHA size appeal assistance, do not delay. Contact Koprince McCall Pottroff LLC at (785) 200-8919 or

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