Homeland Security Capital Corporation (OTCBB:HOMS), an international provider of specialized technology-based radiological, nuclear, environmental, disaster relief and security solutions to government and commercial customers, announced that its subsidiary, Safety and Ecology Corporation (SEC), has received notification from the United States Small Business Administration’s Office of Hearing and Appeals (OHA), that SEC is not in violation of the small business size qualification and ruled in SEC’s favor on the size determination protest. As stated in the OHA official announcement issued on January 12, 2011, “OHA publishes a redacted version of the decision for public release,” and the conclusion states that the company SEC “is a small business.”

As previously announced in a HOMS press release dated August 16, 2010, SEC proactively defended a protest made by the unsuccessful bidders, as they were disputing SEC’s business size under the rules of the Small Business Administration (SBA).

“We are extremely pleased with the ruling, as it has been difficult for all companies involved. Communications, business development and strategic planning becomes complicated during litigation, therefore we are continuing to move forward, and are eager to put this behind us,” said C. Thomas McMillen, Chairman and CEO of HOMS.

Due to this determination, DOE was able to move forward with two procurements that were upheld pending the SBA ruling. As such, DOE officially awarded SEC two contracts, both of which were published on the federal business opportunities (FBO.gov) website on December 22, 2010.

SEC was awarded the DOE Office of Environmental Management West Valley Demonstration Project (WVDP) environmental characterization and support services contract. Under this Indefinite Delivery/Indefinite Quantity (IDIQ) single award contract with an estimated contract ceiling of $25M, SEC will perform environmental characterization support services including, but not limited to soil, sediment and groundwater characterization, environmental monitoring, and associated regulatory documentation supporting decommissioning activities at WVDP. This five year project is located within the Western New York Nuclear Service Center owned by the New York State Energy and Development Authority.