FAR 19.302—Protesting a small business representation or rerepresentation.
Plain-English Summary
FAR 19.302 explains how a small business size protest or rerepresentation protest is raised, processed, and decided for a specific procurement. It covers who may protest, when a contracting officer may question an offeror’s size, how protests must be forwarded to SBA, what evidence and referral information must accompany the protest, and the timeliness rules for sealed bids, negotiated acquisitions, set-asides, multiple-award contracts, and Federal Supply Schedule orders. It also addresses SBA’s notice procedures, the 15-business-day size determination timeline, award restrictions while a protest is pending, and the effect of an SBA Office of Hearings and Appeals reversal. In practice, this section is the operating rulebook for challenging a bidder’s or offeror’s small business status and for deciding whether award can proceed while the challenge is unresolved. It matters because size status can determine eligibility for set-asides, 8(a) awards, and other small business programs, and a missed deadline or incomplete protest can end the challenge before SBA reaches the merits.
Key Rules
Who may protest size
An offeror, the contracting officer, SBA, or another interested party may protest an offeror’s small business representation for a specific offer. For competitive 8(a) contracts, the protest right is narrower and limited to an offeror, the contracting officer, or SBA.
CO may question size
After offers are received, or after bids are opened in sealed bidding, the contracting officer may initiate a contracting officer’s protest if there is reason to question an offeror’s small business representation. This allows the government to challenge size status even when no outside party protests.
Protests go to SBA
Any protest received by the contracting officer, or any contracting officer-initiated protest, must be promptly forwarded to the SBA Government Contracting Area Director serving the area where the offeror’s headquarters is located. SBA, not the contracting officer, decides the size status issue.
Specific evidence required
The protest must be in writing, or confirmed in writing if made orally, and must state the basis for the protest with specific, detailed evidence showing why the concern is not small. SBA will dismiss protests that do not include specific grounds.
Referral package must be complete
The contracting officer’s referral letter must include the protest materials, the size self-certification, the applicable size standard, the solicitation and amendments, CO contact information, key dates, and the protested concern’s full contact information. These items help SBA determine timeliness and standing.
Timeliness is critical
To affect a specific solicitation, a protest generally must be received by the contracting officer by the close of business on the fifth business day after bid opening, after notice of the apparent successful offeror in negotiated acquisitions, or after other required notification. SBA’s separate timeliness rules also apply, and premature protests are dismissed.
Different rules for oral and written protests
A protest may be made orally, but it must be confirmed in writing within the required time period, or by a letter postmarked no later than one business day after the oral protest. Written protests may be delivered by hand, mail, fax, email, or express/overnight delivery.
Special timing rules for schedules and awards
A protest under a Multiple Award Schedule is timely if received by SBA any time before the contract period expires, including renewals. By contrast, a protest filed before bid opening or before notice of the apparent successful offeror is premature and will be dismissed.
SBA notice and response process
When SBA receives the protest, it notifies the contracting officer and protester, and sends the protested concern a copy of the protest and SBA Form 355. The challenged concern then has the opportunity to respond to SBA’s size inquiry.
SBA decision deadline
The SBA Area Office must determine size status within 15 business days after receiving the protest or a request for formal size determination, unless the contracting officer grants an extension. SBA then notifies the contracting officer, protester, and challenged concern by a verifiable means.
Award may proceed after decision
Award may be made once SBA determines the protested concern is small or dismisses all protests. If OHA later overturns SBA’s decision before award, the contracting officer may apply the OHA ruling to the procurement.
Award stay while protest pending
After receiving a protest involving an offeror under consideration for award, the contracting officer generally may not award until SBA issues a size determination or 15 business days pass after SBA receives the protest, whichever occurs first, subject to the section’s stated exception where withholding award is not required.
Responsibilities
Offeror / Interested Party
May file a size protest against an offeror’s small business representation when permitted by the procurement type. Must ensure the protest is timely and contains specific, detailed evidence supporting the allegation that the protested concern is not small.
Contracting Officer
May question an offeror’s size after receipt of offers or opening of bids, must forward any received protest or CO-initiated protest promptly to the proper SBA Area Director, and must include the required referral information and solicitation documents. The contracting officer must also generally withhold award while the protest is pending, unless the section’s exception applies.
SBA Area Office
Receives the protest, notifies the parties, sends the challenged concern the protest and SBA Form 355, and issues the size determination within 15 business days unless extended. SBA also dismisses protests that are untimely, premature, or lacking specific grounds.
Protested Concern
Must respond to SBA’s protest process after receiving the protest and SBA Form 355, and provide information needed for SBA to determine size status. The concern’s eligibility for award depends on SBA’s decision or dismissal of the protest.
SBA Office of Hearings and Appeals
May review and overturn an SBA Area Office size determination or dismissal. If OHA reverses before award, the contracting officer may apply that decision to the procurement.
Contracting Activity / Agency
Must support the protest process by preserving solicitation records, providing accurate notice information, and ensuring the procurement is not awarded contrary to the protest stay rules or SBA’s final size decision.
Practical Implications
Size protests move fast: the five-business-day filing window is short, so contractors and competitors must monitor notices closely and act immediately after bid opening or apparent-award notice.
A protest that lacks specific, detailed evidence is vulnerable to dismissal, so conclusory allegations are not enough; the protest should identify facts tied to the applicable size standard.
The contracting officer’s referral package matters because missing solicitation documents, dates, or contact information can delay SBA review or create timeliness/standing issues.
Award timing is sensitive: once a protest is pending, the contracting officer generally must wait for SBA’s decision or the 15-business-day period, so procurement teams should plan for possible schedule disruption.
Different procurement types have different timing rules, especially for competitive 8(a) actions, multiple-award contracts, and Federal Supply Schedule orders, so users should not assume one protest deadline fits all situations.
Official Regulatory Text
(a) (1) The SBA regulations on small business size and size protests are found at 13 CFR part 121 . (2) An offeror, the contracting officer, SBA, or another interested party may protest the small business representation of an offeror in a specific offer for a contract. However, for competitive 8(a) contracts, the filing of a protest is limited to an offeror, the contracting officer, or SBA. See 13 CFR 121.1001(a) . (b) Any time after offers are received by the contracting officer, or in the case of bids, opened, the contracting officer may question the small business representation of any offeror in a specific offer by filing a contracting officer's protest (see paragraph (c) of this section). (c) (1) Any contracting officer who receives a protest, whether timely or not, or who, as the contracting officer, wishes to protest the small business representation of an offeror, or rerepresentation of a contractor, shall promptly forward the protest to the SBA Government Contracting Area Director at the Government Contracting Area Office serving the area in which the headquarters of the offeror is located. (2) The protest, or confirmation if the protest was initiated orally, shall be in writing and shall contain the basis for the protest with specific, detailed evidence to support the allegation that the offeror is not small. The SBA will dismiss any protest that does not contain specific grounds for the protest. (3) The protest shall include a referral letter written by the contracting officer with information pertaining to the solicitation. The referral letter must include the following information to allow SBA to determine timeliness and standing: (i) The protest and any accompanying materials. (ii) A copy of the size self-certification. (iii) Identification of the applicable size standard. (iv) A copy or an electronic link to the solicitation and any amendments. (v) The name, address, telephone number, email address, and fax number of the contracting officer. (vi) Identification of the bid opening date or the date of notification provided to unsuccessful offerors. (vii) The date the contracting officer received the protest. (viii) A complete address and point of contact for the protested concern. (d) In order to affect a specific solicitation, a protest must be timely. SBA's regulations on timeliness are contained in 13 CFR 121.1004 . SBA's regulations on timeliness related to protests of disadvantaged status are contained in 13 CFR part 124, subpart B . (1) To be timely, a protest by any concern or other interested party must be received by the contracting officer by the close of business of the fifth business day after- (i) Bid opening for sealed bid acquisitions; or (ii) Receipt of the special notification from the contracting officer (see 15.503 (a)(2)) that identifies the apparently successful offeror for negotiated acquisitions, including— (A) Partial set-asides and reserves of multiple-award contracts; (B) Orders that are set-aside under an unrestricted multiple-award contract (except for orders and blanket purchase agreements placed under a Federal Supply Schedule contract (see 8.405 and paragraph (d)(5) of this section)); and (C) Orders placed under multiple-award contracts where the contracting officer requested rerepresentation for the order; or (iii) Receipt of notification using other communication means when written notification is not required. (2) A protest may be made orally if it is confirmed in writing and received by the contracting officer within the 5-day period or by letter postmarked no later than 1 business day after the oral protest. (3) A protest may be made in writing if it is delivered to the contracting officer by hand, mail, facsimile, email, express or overnight delivery service. (4) Except as provided in paragraph (d)(6) of this section, a protest filed by the contracting officer or SBA is always considered timely whether filed before or after award. (5) A protest under a Multiple Award Schedule will be timely if received by SBA at any time prior to the expiration of the contract period, including renewals. (6) A protest filed before bid opening, or notification to offerors of the selection of the apparent successful offeror, will be dismissed as premature by SBA. (e) Upon receipt of a protest from or forwarded by the Contracting Office, the SBA will- (1) Notify the contracting officer and the protester of the date it was received, and that the size of the concern being challenged is under consideration by the SBA; and (2) Furnish to the concern whose representation is being protested a copy of the protest and a blank SBA Form355, Application for Small Business Determination, by certified mail, return receipt requested. (f) (1) Within 15 business days after receipt of a protest or request for a formal size determination or within any extension of time granted by the contracting officer the SBA Area Office will determine the size status of the challenged concern. The SBA Area Office will notify the contracting officer, the protester, and the challenged concern of its decision by a verifiable means, which may include facsimile, electronic mail, or overnight delivery service. (2) Award may be made to a protested concern after the SBA Area Office has determined that either the protested concern is an eligible small business or has dismissed all protests against it. (3) If SBA’s Office of Hearings and Appeals (OHA) subsequently overturns the Area Office's determination of eligibility or dismissal, and contract award has not been made, the contracting officer may apply the OHA decision to the procurement in question. (g) (1) After receiving a protest involving an offeror being considered for award, the contracting officer shall not award the contract until the SBA has made a size determination or 15 business days have expired since SBA’s receipt of a protest, whichever occurs first; however, award shall not be withheld when the contracting officer determines in writing that an award must be made to protect the public interest. (2) If SBA has not made a determination within 15 business days, or within any extension of time granted by the contracting officer, the contracting officer may award the contract after determining in writing that there is an immediate need to award the contract and that waiting until SBA makes its determination will be disadvantageous to the Government. (3) SBA may, at its sole discretion, reopen a formal size determination to correct an error or mistake, if it is within the appeal period and no appeal has been filed with OHA or, a final decision has not been rendered by the SBA Area Office or OHA. (4) If a protest is received that challenges the small business status of an offeror not being considered for award, the contracting officer is not required to suspend contract action. The contracting officer shall forward the protest to the SBA (see paragraph (c)(1) of this section) with a notation that the concern is not being considered for award, and shall notify the protester of this action. (h) An appeal from an SBA size determination may be filed by any concern or other interested party whose protest of the small business representation of another concern has been denied by an SBA Government Contracting Area Director, any concern or other interested party that has been adversely affected by an SBA Government Contracting Area Director’s decision, or the SBA Associate Administrator for the SBA program involved. The appeal must be filed with the Office of Hearings and Appeals, Small Business Administration, Suite 5900, 409 3 rd Street, SW., Washington, DC 20416, within the time limits and in strict accordance with the procedures contained in Subpart C of 13 CFR 134 . It is within the discretion of the SBA Judge whether to accept an appeal from a size determination. If a post-award appeal is submitted to OHA within the time limits specified in Subpart C of 13 CFR 134 , the contracting officer shall consider suspending contract performance until an SBA Judge decides the appeal. SBA will inform the contracting officer of its ruling on the appeal. SBA’s decision, if received before award, will apply to the pending acquisition. If the contracting officer has made a written determination in accordance with (g)(1) or (2) of this section, the contract has been awarded, the SBA rulings is received after award, and OHA finds the protested concern to be ineligible for award, the contracting officer shall terminate the contract unless termination is not in the best interests of the Government, in keeping with the circumstances described in the written determination. However, the contracting officer shall not exercise any options or award further task or delivery orders. (i) SBA will dismiss untimely protests. A protest that is not timely, even though received before award, shall be forwarded to the SBA Government Contracting Area Office (see paragraph (c)(1) of this section), with a notation on it that the protest is not timely. A protest received by a contracting officer after award of a contract shall be forwarded to the SBA Government Contracting Area Office with a notation that award has been made. (j) When a concern is found to be other than small under a protest concerning a size status rerepresentation made in accordance with the clause at 52.219-28 , Postaward Small Business Program Rerepresentation, a contracting officer may permit contract performance to continue, issue orders, or exercise option(s), because the contract remains a valid contract.