XL EagleSize protest
Size protest. A size protest is a challenge claiming that the apparent winner of a small business set-aside or similar award is not actually small under the size standard for that contract. It goes to the contracting officer, who forwards it to the SBA Area Office for a decision.
For negotiated buys, a protest from another offeror is generally due within five business days after the contracting officer notifies offerors of the apparent awardee. The protest must give specific reasons, such as affiliation with a large company, not just a general suspicion. SBA reviews the protested firm's size as of the date it submitted its offer.
Why it matters to a small contractor
If you lose a set-aside to a company that seems too big or too closely tied to a large firm, a size protest is your remedy. Act fast and be specific. And on your own bids, keep your ownership, management, and subcontracting arrangements clean so you can survive a size protest yourself.
Example
A small janitorial company loses a set-aside to a firm that shares officers and an office with a large competitor. Within five business days of the award notice, they file a size protest citing the shared management as affiliation.
Size protest: common questions
How long do I have to file a size protest?
Generally five business days after notice of the apparent successful offeror for negotiated buys, or after bid opening for sealed bids. Check 13 CFR 121.1004 for the specific rules.
Who decides a size protest?
The SBA Area Office decides it. The decision can be appealed to SBA's Office of Hearings and Appeals.
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