SBA Programs

Assist clients with structuring their businesses to obtain and maintain access to the SBA’s government contracting programs (i.e., 8(a), SDVOSB, WOSB, HUBZone) and litigate size and status protests and appeals before SBA’s Office of Hearings and Appeals (“OHA”).

Representative engagements by Ward & Berry PLLC attorneys include:

  • Successfully obtained corrective action for a Small Business client on two (2) U.S. Army Corps of Engineer contracts totaling approximately $83 million, affording the client another opportunity to win the contract awards. In these cases, the U.S. Army Corps of Engineers took corrective action following thorough debriefings that were conducted pursuant to the Department of Defense’s new enhanced debriefing rules. The issues in these cases included (1) the agency’s evaluations were inconsistent with the stated evaluation criteria and (2) the agency’s source selection decisions were improper and should have been referred to the Small Business Administration for Certificate of Competency determinations.
  • Successfully obtained corrective action following the filing of a GAO bid protest on behalf of a Small Business client on a multi-million dollar services contract, affording the client another opportunity to win the contract award. Protest grounds in this case included: (1) the agency’s evaluation of the offeror’s proposal was inconsistent with the stated evaluation criteria, (2) the agency failed to conduct meaningful discussions which prejudiced the offeror, (3) the agency failed to conduct a proper best value determination, and (4) the agency’s source selection decision was improper and should have been referred to the Small Business Administration for a Certificate of Competency determination.
  • Successfully defended a Woman-Owned Small Business client against a lawsuit filed by her subcontractor alleging breach of contract in a multi-million dollar procurement involving the Department of Agriculture.
  • Successfully negotiated a subcontract agreement for a 8(a) Small Business client on a multi-million dollar construction project involving a major university in South Carolina.
  • Successfully negotiated a teaming agreement for a Service-Disabled Veteran-Owned Small Business client acting as a prime contractor in a complex project involving services for the U.S. Army.
  • Successfully negotiated a teaming agreement for a Women-Owned Small Business client acting as a prime contractor in a project involving services for the U.S. Navy.