SBA Size Protests Defense

Malyszek & Malyszek has been practicing government contract law for more than 40 years. Our areas of practice include Litigation, government contract consulting and more. If you’re in need of a competent law firm to help with size protests matters, Malyszek & Malyszek is your answer.

In regard to sales of government property, a procuring (or selling) agency must accept as definite the SBA's determination as to which a firm is a small business concern. Offers on a procurement self-certify that they are small.

A size protest is a very serious matter, and recourse is available. As the contracting officer, you may protest the size and file the size protest with the SBA Government Contracting Area Office of the area where the small business is located. In a case of protest by another firm questioning the size status of the low offer, the contracting officer will forward the size protest to the Office of Government Contracting.

If you choose to make a size protest there is no time limitation on when you can file the size protest; you may file a protest before or after an award. However, if you try to file a size protest before bidding has started, the size protest may dismiss as premature.

If you receive a size protest from another individual they have five business days to give you the protest after bidding has opened. They must deliver the size protest to the contracting officer, to you, by hand, fax, mail, or telephone. If you receive a protest by telephone you must receive the written notice in five days.

If submitting a size protest one must recognize the business and its operators and provide additional information to support their claim. The size protest must include the procurement and facts that relate to the size of the business.

The area office makes initial size determinations within tight time constraints, usually within 10 days of receiving the protest. Area office determinations may be appealed to the Office of Hearings and Appeals. The following individuals are eligible to make a size protest: unsuccessful offeror, contracting officer, SBA Government Contracting Area Office, other interested parties, and other government officials.

Government contract law can be very confusing. Trust our knowledgeable attorneys to guide you through every step of the legal process. From Contact Appeals, Federal Claims, GSA, and SBA matters, count on Malyszek & Malyszek when you are in need of legal assistance. Call Malyszek & Malyszek today to speak with one of our attorneys about your case.