When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA) will enforce these timing rules strictly. In particular, can a contractor ask the agency to simply investigate a company for SDVOSB compliance? And does such a request need to meet the timing requirements? A recent OHA decision answers these questions.
The OHA’s decision in VSBC Protest of Suntiff, LLC, SBA No. VSBC-472-P (Apr. 13, 2026), involved Suntiff filing a request for a status investigation of a SDVOSB with the CO of the VA.
Suntiff did not elect to file a status protest in its own capacity. Instead, Suntiff sent a letter requesting that the contracting officer (CO) pursue the status protest and adopt the protest as a CO’s protest. In particular, this protest asked the CO to investigate the awardee’s “performance of the contract” and “forward a copy of its request to” the SBA. The CO forwarded Suntiff’s request to OHA but did not explicitly adopt the protest.
Ultimately, the OHA determined that “a CO must explicitly adopt a protest and say they are protesting a concern’s status if that protest is to be treated as a CO’s protest.” Because Suntiff did not file a status protest within five business days, and the CO did not elect to explicitly adopt the protest, the protest was dismissed as untimely.
OHA made it clear that “Protestor could have filed a protest of its own with OHA within five business days of bid opening. 13 C.F.R. § 134.1004(a)(4). Protestor failed to do so. There is no ‘status investigation’ procedure in SBA’s regulations.” However, this does not mean that it is futile to request that the CO initiate a protest on their own behalf. In fact, this protest would have been timely if the CO had adopted it or if the protester had made clear that it was filing a protest of the award, assuming that it was an interested party. The caution is that you should not assume that the CO will automatically adopt a request that they initiate a protest of their own. Put another way, do not put all your eggs in one basket.
This decision also serves as an important reminder to be mindful of timing. As noted in 13 CFR 134.1004(a)(2), the CO may file a SDVOSB status protest at any time after the apparent awardee is identified, or after the bid opens. Conversely, interested parties only have five business days to file a protest. 13 CFR 134.1004(a)(3)-(4). Unfortunately, losing sight of these deadlines may result in your protest being dismissed due to untimeliness in accordance with 13 CFR 134.1004(a)(6).
As applied to this decision, the protester learned of the identity of the apparent successful offeror on February 26, 2026. But the protest was not filed until March 2, 2026. This actually fell within the timeline of five business days, which would end on March 5, 2026. But the protester did not file a protest, merely a “status investigation” request.
If you are interested in learning more about why you might want to consider filing a SDVOSB status protest, we have covered that in a previous article. However, if you do decide to file a SDVOSB protest on your own behalf, 13 CFR 134.1004(b)(a) requires that the protest be delivered to the CO, typically by email. But do not lose sight of your deadline.
13 CFR 134.1005(a) further requires that the protest be made in writing and include the following information:
- The solicitation number or contract number
- You or your attorney’s name, address, phone number, email address, and signature
- Other pertinent information that you believe the Judge should consider
- Specific allegations supported by credible evidence that the protested concern does not meet SDVOSB eligibility requirements
You may look at these requirements and believe you have a winning argument, but even the strongest argument may never be considered if you file after the deadline. If you find yourself overwhelmed with meeting deadlines or need help with an SDVOSB status protest, feel free to reach out to us.
Questions about this post? Email us. Need legal assistance? Call us at 785-200-8919.
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