The attorneys in Holland & Hart's Government Contracts Group regularly advise a broad spectrum of small business concerns that perform or seek to perform under special government contract set-aside programs, including:
- 8(a) Businesses
- HUBZone Businesses
- Small Disadvantaged Businesses
- Women-Owned Small Businesses
- Veteran-Owned Small Businesses
- Service-Disabled Veteran-Owned Small Businesses
- Native American Businesses
Each of these programs has its own separate rules and requirements regarding eligibility and contract compliance terms. We work with our small business clients so that they can increase their revenue stream and accomplish their business goals while remaining eligible for the various preference programs. We also monitor on-going legislative and agency administrative efforts to modify the various programs and work with clients who are interested in having an impact on the outcome of those efforts.
In addition, we advise on how our small business clients can best work with public sector agencies in order to ensure that solicitations are drafted so as to maximize the opportunity of successful bidding. In those circumstances where either the size of one of our clients is challenged or an award is made to an entity that does not qualify as a small business concern, we litigate the size protest before the Small Business Administration and the Office of Hearings and Appeals. Of note, our attorneys successfully litigated the leading case on the application of SBA's "affiliation" rule to publicly-traded small business concerns. Click here to read the Office of Hearings and Appeals decision in MPC Computers, LLC.
We regularly advise large businesses and prime contractors with respect to small business issues, including the establishment and compliance with small business subcontracting plans required by FAR 52.219-9 and subcontracting requirements that are increasingly found in major solicitations as well as the process for establishing joint ventures and teaming agreements with small business concerns. We also provide advice to public agencies with regard to statutory small business subcontracting requirements and streamlining small business subcontracting programs.
Representative matters include:
- Represented a helicopter services contractor in a size protest challenging its status to perform a set-aside contract issued by the Bureau of Land Management
- Represented a small business concern in successfully challenging the size status of the apparent awardee thereby ensuring that the client was awarded a succession of mulit-million dollar contracts.
- Assisted an IT professional services contractor with completion of an 8(a) Business Development Program application
- Provided advice to a large construction firm on establishing an 8(a) Mentor/Protégé agreement with a small construction management services firm
- Provided comprehensive advice to a large engineering services firm on how to maximize its performance role in support of set-aside prime contracts
- Represented a IT hardware manufacturer challenging an adverse size determination issued by its SBA Area Office
- Researching government contracting opportunities for small businesses in multiple industries and geographic regions
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