SBA SIZE PROTEST LAW: SBA Size Determination Protests & Appeals - Attorneys

Timeliness




The Contracting Officer must receive size protests within five days (excluding Saturdays, Sundays, and legal holidays) of the following events, as applicable:

  • IFBs under FAR Part 14.  Within five days after bid or proposal opening.
  • RFPs under FAR Part 15.   Within five days after the Contracting Officer discloses the identity of the awardee or prospective awardee.  13 C.F.R. § 121.1004(a)(2)
  • Task Order Awards under a Pre-existing Contract.  If the agency requests a size certification for the order, the contracting officer must receive the size protest within five days after the contracting officer has disclosed the identity of the awardee or prospective awardee.

Notes:

Posting an award at the fedbizopps website counts as notification for size protest purposes.

A debriefing does not stay the time for filing a protest. Size Appeal of Service Disabled Veteran Contractors, LLC, SBA No. SIZ-5158, at 2 (2010).  Further, a protestor not learning the grounds for its protest until the debriefing is no basis for extending the deadline for filing a protest. Size Appeal of FitNet Purchasing Alliance, SBA No. SIZ-5089, at 4 (2009)

 

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