SBA OHA Dismisses SBA Size Protest Based on Contractor’s CCR Profile

To survive dismissal, a SBA size protest must be “specific,” that is, it must explain why the protested contractor is not small, and (in many cases), provide third-party evidence supporting the claim.

In Size Appeal of SoftConcept, Inc., SBA No. SIZ-5197 (2011), the SBA’s Office of Hearings and Appeals held that a SBA size protest was insufficiently specific when the protester alleged that the contract awardee did not list the NAICS code in question, NAICS code 541519, in its Central Contractor Registration profile.

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See Ya! Contractor Wipes Out Two-Thirds of Its Potential Competitors with Successful NAICS Appeal

Of all the many “protest” tools available to small government contractors, NAICS code appeals can be one of the most powerful.  Unfortunately, many contractors don’t fully understand the NAICS appeal process, or how it can help them reach their procurement goals.  The decision of the SBA Office of Hearings and Appeals in NAICS Appeal of 1st American Systems & Services, LLC, SBA No. NAICS-5119 (2010) provides a compelling example of how a savvy small business contractor can use the NAICS appeal process to vastly narrow the competitive playing field.

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Agency’s FedBizOpps Slip-Up Leads to Sustained GAO Protest

The GAO has made it clear that contractors are considered to have “constructive knowledge” of items agencies post on the FedBizOpps website.  When agencies post on FedBizOpps, though, they must properly classify the posted information, or a GAO bid protest will be sustained, as was the case in TMI Management Systems, Inc., B-401530 (September 28, 2009).

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