Small Business / Socioeconomic Issues
Jackson Kelly regularly advises both small and large business clients on a wide array of programs established to promote the award of both prime contracts and subcontracts to small businesses and the various recognized socioeconomic classes, including small disadvantaged businesses and 8(a) program participants; small businesses in historically underutilized business zones (the HUBZone Program); service-disabled, veteran-owned small businesses and women-owned small businesses.
Jackson Kelly attorneys counsel clients concerning the requirements of the various Small Business Administration (SBA), Department of Defense (DOD), Department of Veteran Affairs (VA) and other agency programs designed to benefit the various categories of small businesses, and lawyers help clients structure their businesses and operations so as to maximize advantage of applicable programs, while avoiding running afoul of the many intricate program requirements and the substantial penalties, including suspension and debarment, for violating the applicable rules. This includes helping clients develop effective teaming agreements, joint ventures, subcontract arrangements and mentor-protégé agreements to comply with applicable legal requirements. It also involves working closely with clients to create a solid basis for a mutually successful, long-term, “win-win,” workable business relationship between the parties to such agreements.
The Firm’s attorneys also counsel large business clients about federal subcontracting program requirements and help them take full advantage of small business contracting opportunities to meet their subcontracting goals and enhance their performance ratings, since small business participation is increasingly being considered as an evaluation preference.
Finally, the Firm represents clients challenging the size and status of competitors believed to be bending or violating the rules and in defending such challenges to clients. This includes proceedings before the SBA area offices for government contracting and various other SBA offices, as well as appeals before SBA’s Office of Hearings and Appeals and related court challenges, including at the U.S. Court of Federal Claims. Attorneys also litigate small business issues at the Government Accountability Office (GAO) and veterans status issues before the VA and various agencies with programs benefitting veterans.
Represented small businesses, including several 8(a)s, in challenging the size status of proposed awardees and defending size protest challenges before various SBA area government contracting offices and litigated appeals challenging such decisions, where necessary, before SBA’s Office of Hearings and Appeals.
Represented a women-owned small business in obtaining SBA Headquarters’ review of HUBZone status of proposed sole source awardee.
Negotiated numerous mutually beneficial teaming agreements and joint venture agreements, including under the 8(a) program, and subcontracts between small and large businesses.
Advised and assisted several clients regarding various proposed mentor-protégé agreements.
Devised strategy, enabling 8(a) company to negotiate, on a sole-source basis, a multi-year operating contract with the Washington Metropolitan Airports Authority for the operation of the Dulles International Airport parking facilities operation; and set up and ran subcontracting program thereunder for the award of a wide variety of subcontracts, including parking lot expansions, revenue control equipment acquisitions, security services and grounds maintenance services.
Assisted client in appealing the designation of a North American Industry Classification System (NAICS) code to a small business set-aside procurement.
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