Understanding Bid Protests vs. Size Status Protests

---

Navigating the nuances of government contract bid protests, size protests, and status protests can be tricky for small business owners. Many express interest in filing a "bid protest" to challenge competitors they believe do not meet eligibility requirements for set-aside contracts. However, it's essential to understand the distinctions between these protest types.

Bid Protests in Government Contracts: Bid protests address issues with the procurement process, such as improper solicitation terms or proposal evaluations. Contractors can file bid protests with various agencies, including the contracting agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims (COFC). Understanding the intricacies of bid protests can significantly impact a business's success in securing government contracts.

Size Protests and Status Protests: Size protests and status protests focus on a competitor's eligibility as a small business or under special status such as 8(a), Service-Disabled Veteran-Owned Small Business (SDVOSB), or Woman-Owned Small Business. These protests are filed with the contracting officer and forwarded to the Small Business Administration (SBA). Specifically, size protests are managed by an SBA Area Office, while status protests are handled by the SBA Office of Hearings and Appeals. It is advisable to file separate protests for size and status challenges.

1. Filing Locations:

• Bid Protests: Can be submitted to multiple agencies.
• Size and Status Protests: Filed with the SBA through the contracting officer.

2. Deadlines:

• Size and status protests have a strict filing deadline of five business days after a notice of intent to award is issued to a small business. In contrast, bid protest deadlines can be more complex.

3. Protest Process Involvement:

• Bid Protests: Involve multiple rounds of briefing.
• Size/Status Protests: Involvement is minimal after filing, as the SBA conducts the investigation.

Understanding these differences is crucial for small business owners looking to engage in government contracting. In some instances, both types of protests might be applicable, particularly if a competitor is deemed ineligible or if the award process is mishandled. Consulting with an expert on government contracts can provide valuable guidance on which protest to pursue, potentially increasing your chances of a successful outcome.

For more insights and advice on government contract protests, contact us to guide your strategy.