June 3, 2016
SBA Size Protests: File With Contracting Officer, Not OHA
Source: SmallGovCon, Steven Koprince, May 16, 2016
The SBA Office of Hearings and Appeals is an appellate forum and lacks jurisdiction to hear initial size protests.
As explained in a recent SBA OHA decision, size protests must be filed with the relevant Contracting Officer, who then refers the matter to the appropriate SBA Area Office. Only after the SBA Area Office issues a size determination does OHA have jurisdiction to consider a size appeal.
OHA’s decision in Size Appeal of Latvian Connection, LLC, SBA No. SIZ-5734 (2016) involved a State Department solicitation for the purchase of TACMED Medical Course equipment. The solicitation was set aside for small businesses under NAICS code 334510 (Electromedical and Electrotherapeutic Apparatus Manufacturing), using the FedBid reverse auction system.
After reviewing bids, the State Departments announced that US21, Inc. was the awardee. Latvian Connection, LLC then attempted to file a size protest directly with OHA. Latvian Connection sent OHA a message stating:
Filing a size protest incorrectly can results in it’s dismissal. Contact your nearest PTAC for more information about filing size protests.
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