Cases
Successfully appealed the SBA's determination that a small business prime contractor was affiliated with a large business based upon economic dependence in prior years where the facts
circumstances leading to a possible finding of economic dependence ceased to exist a month prior to the date the small business submitted its proposal. See OBXtek, Inc., SBA No. SIZ-5451 (2013)
Successfully appealed the SBA's determination that a tribally owned entity was affiliated with it sister companies due to support it received from the tribally owned parent company. See Roundhouse PBN, LLC, SBA No. SIZ-5383 (2012)
Successfully defended multiple size protests
size appeals in cases regarding the applicability of the ostensible subcontractor rule to procurements for supplies (as opposed to services) which are subject to the nonmanufacturer rule. See Labatt Food Service, SBA No. SIZ-4851 (2007)
M&S Foods LTD. Co., SBA No. SIZ-4971 (2008)
M&S Foods LTD. Co., SBA No. SIZ-4988 (2008)
Tulsa Fruit Company, Inc., SBA No. SIZ-5015 (2008)
Hardie's Fruit
Vegetable Co. South, LP, SBA No. SIZ-5058 (2009)
Hardie's Fruit
Vegetable Co. South, LP
Tulsa Fruit Company, Inc., SBA No. SIZ-5156 (2010)
see also, Hardie's Fruit
Vegetable Co. South, LP v. U.S., Docket No. 08-534C (2008) (order unpublished)
Hardie's Fruit
Vegetable Co. South, LP v. U.S., 329 Fed. Appx. 264 (Fed. Cir. 2009) (on appeal - case dismissed)
Successfully appealed an SBA finding of affiliation based upon common business relationships after a partial sale of a company. Such relationships included the existence of a security agreement that limited the ability for the small business buyer to divest itself of its assets without permission from the large business seller. See Size Appeal of Alex-Alternative Experts, SBA No. SIZ-4974 (July 15, 2008)
Successfully appealed an adverse size determination, a decision with important precedential value for SBA mentor/protégé joint ventures. See Size Appeal SES-TECH Global Solutions, SBA No. SIZ-4951 (May 7, 2008)
Secured a Temporary Restraining Order
Preliminary Injunction preventing the U.S. Army from awarding a contract to a competitor prior to a ruling from OHA on a size appeal. See Metters Indus., Inc. v. U.S., Docket No. 13-116C (Fed. Cl. 2013)
Successfully protested a $12 billion ID/IQ contract award on the basis that the Department of Veterans Affairs failed to adequately document its cost/technical trade-off determination. See St
ard Communications v. U.S., 101 Fed. Cl. 723 (2011)
Successfully protested agency's failure to set $75 million task order aside for small businesses. See Delex Systems, Inc., B 400403 (Oct. 8, 2008)
Successfully protested to U.S. Court of Federal Claims a $50B General Services Administration multiple award Alliant procurement. See Serco, Inc., et al. v. United States, 81 Fed. Cl. 463 (2008)
Successful protested awards made pursuant to $630 million U.S. Army Corps of Engineers procurement in Doyon-American Mechanical, JV
NAJV, LLC, B 310003
B 310003.2 (Nov. 15, 2007).
