Imagine you're a small business owner trying to win a government contract. You meet all the requirements to be considered "small." However, another company wins the contract, but you think they might not actually be as small as they claim.
The boundaries for a business to be considered “small” can be found in the Code of Federal Regulations. These limits are based upon the NAICS code for your business and are based on the number of employees or annual receipts in millions of dollars. Per 13 C.F.R. § 121.904, the size is determined as of the date set forth in the request of the agency.
You can file an SBA (Small Business Administration) size protest to question the eligibility of the party that won the contract and potentially have the contract re-awarded. A size protest is a challenge to the eligibility of another business to receive a contract or award based on its size standards. Size protests can be filed by other interested parties, such as competitors, contracting officers, funding agreement officers, or SBA itself.
There are very strict time limits set forth in 13 C.F.R. § 121.1004 for filing a size protest, depending on the type of procurement or award. If you miss the deadline, your protest will be dismissed as untimely.
Here are the time limits for filing a size protest for different types of procurement or awards:
- Sealed bids or sales: You must file your protest by the close of business on the 5th business day after bid opening.
- Negotiated procurement: You must file your protest by the close of business on the 5th business day after notification of the identity of the prospective awardee.
- Long-term contracts exceeding five years: You must file your protest by the close of business on the 5th business day after receipt of notice of the identity of the prospective awardee or award.
- Electronic notification of award: You must file your protest by the close of business on the 5th business day after the electronic posting.
- No notice of award: You must file your protest within 5 business days after oral notification by the contracting officer or authorized representative.
- Contracting officers, funding agreement officers, or SBA: They can file a protest at any time before or after awards.
A business day is any day other than a Saturday, Sunday, or federal holiday.
The deadlines are non-negotiable. It is important that you act quickly in filing a size protest. Partnering with a knowledgeable attorney can help you make sure that your protest is filed timely and contains the necessary information. Look for future blog posts regarding the information that you must include with a size protest.
If you have questions about filing a size protest, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141.
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