Protesting a small business representation or rerepresentation
FAR 19.302 establishes strict procedures and timelines for protesting small business size representations, requiring prompt action and thorough documentation to ensure fair competition and compliance.
Overview
FAR 19.302 outlines the procedures for protesting a small business representation or rerepresentation in federal contracting. It details who may file a protest, the process for submitting and forwarding protests, required documentation, timeliness standards, and the roles of the contracting officer and the Small Business Administration (SBA). The section also covers the handling of appeals, contract award timing during protests, and the consequences of SBA size determinations, including post-award actions.
Key Rules
- Who May Protest
- Offerors, contracting officers, SBA, or interested parties may protest a small business representation; for competitive 8(a) contracts, only offerors, the contracting officer, or SBA may protest.
- Protest Submission and Forwarding
- Protests must be promptly forwarded to the SBA Area Director with detailed evidence and supporting documentation, including a referral letter from the contracting officer.
- Timeliness Requirements
- Protests must generally be received by the contracting officer within five business days of bid opening or notification of the apparent successful offeror; exceptions and special rules apply for certain contract types and circumstances.
- SBA Determination and Notification
- SBA must make a size determination within 15 business days and notify all relevant parties; awards may proceed under certain conditions if the determination is delayed.
- Appeals and Post-Award Actions
- Appeals of SBA size determinations must follow strict procedures; if a concern is found ineligible post-award, the contract may be terminated unless not in the government's best interest.
Responsibilities
- Contracting Officers: Must forward protests, provide required documentation, determine award timing, and act on SBA/OHA decisions.
- Contractors: Must respond to SBA inquiries, provide accurate size certifications, and comply with SBA determinations.
- Agencies: Must ensure proper protest handling, maintain records, and oversee compliance with SBA rulings.
Practical Implications
This section ensures the integrity of small business set-asides and awards by providing a clear process for challenging size representations. Contractors must be diligent in their size certifications and prepared to respond to protests. Contracting officers must act quickly and follow strict documentation and notification procedures. Delays or errors can impact contract awards and performance, making compliance critical.