19.813
Protesting an 8(a) participant's eligibility or size status
Protests against an 8(a) participant’s eligibility or size status are highly restricted, with only limited parties allowed to protest size status in competitive 8(a) awards and no protests allowed for eligibility or sole source size status.
Overview
FAR 19.813 outlines the rules for protesting the eligibility or size status of 8(a) program participants in federal contracting. It clarifies who may file protests regarding an 8(a) participant’s eligibility or size status for both sole source and competitive 8(a) contracts. The section prohibits challenges to an 8(a) participant’s eligibility by other participants or outside parties and restricts who may protest size status, especially for sole source contracts. For competitive 8(a) awards, only certain parties may protest the size status of the apparent successful offeror, and such protests must follow established procedures.
Key Rules
- Eligibility Protests Prohibited
- No party, including other 8(a) participants, may challenge an 8(a) participant’s eligibility for a sole source or competitive 8(a) contract.
- Sole Source Size Status Protests Prohibited
- The size status of an 8(a) participant nominated for a sole source contract cannot be protested by any party.
- Competitive 8(a) Size Status Protests Permitted
- For competitive 8(a) awards, size status protests may be filed only by certain offerors, the contracting officer, or specific SBA officials.
- Protest Procedures
- Protests for competitive 8(a) awards must follow the procedures in FAR 19.302 and relevant SBA regulations.
Responsibilities
- Contracting Officers: Must recognize who is eligible to file protests and ensure proper procedures are followed.
- Contractors: Should understand their limited rights to protest eligibility or size status in 8(a) procurements.
- Agencies: Must adhere to SBA and FAR protest procedures and direct parties to the correct process.
Practical Implications
- This section prevents frivolous or disruptive protests regarding 8(a) eligibility and size status, streamlining the 8(a) contracting process.
- Contractors should be aware that most protests are not permitted, especially for sole source awards, and must follow strict procedures for competitive awards.
- Common pitfalls include attempting to file ineligible protests or failing to follow the correct process for size status challenges.