SBA Size Protests: Eligibility, Filing, and Appeals Processes

Filing a Size Protest (13 CFR § 121.1001)

When a federal agency awards a small business set-aside contract, disappointed bidders can challenge the awardee's small business status ^[1]. The protest rules are codified under 13 CFR § 121.1001. The protest must be filed with the contracting officer within 5 business days of bid opening or notification of the apparent awardee ^[2].

The contracting officer forwards the protest to the SBA Government Contracting Area Office, which conducts a review. The SBA Area Office issues a formal Size Determination. Disappointed parties can appeal this decision to the SBA Office of Hearings and Appeals (OHA) within 15 calendar days of receipt ^[2].