Tag Archives: OHA status protest

Govology Webinar: Avoiding Common Bid Protest Mistakes, September 11, 2025

Posted on by

Bid protests are an unavoidable part of federal contracting—and they seem to be happening more often as competition grows. What many contractors don’t realize is that the outcome of a protest is often determined before it’s even filed. Understanding the rules, timelines, and procedures is critical to protecting your company’s chances.

In this focused course, federal government contracting attorneys John Holtz and Gregory Weber will break down the most common mistakes contractors make during the protest process—and how to avoid them.

Key topics include:

  • The difference between bid protests and size/status protests
  • What pre-bid protests are and why they matter
  • Critical deadlines and how debriefs affect them
  • How to get the most from a debrief
  • Frequent pitfalls that can hurt the protest success

Please join us for this informative Govology webinar by registering here.

OHA Says: Show me the Money! (in Ostensible Subcontracting Review)

Posted on by

Size and status protests, which are reviewed by the SBA’s Office of Hearings and Appeals (OHA), are far less common than GAO protests which protest an evaluation aspect of a solicitation or award. But when they are used they can be a powerful tool to keep contracting dollars intended for small businesses to stay with small businesses. In the case of Winergy, LLC, OHA takes a look at an award intended for SDVOSBs, to determine if the awardee is in compliance with the ostensible subcontractor rule or if it is subcontracting out the primary and vital parts of the contract. The lesson? If you want to keep an award, be sure that you, or a similarly situated subcontractor, will be performing the primary and vital parts of the contract and that you can support that assertion with evidence.

Continue reading →

OHA Sustains Status Protest: Self-Proclaimed SDVOSB Awardee Not Certified by VetCert, Not Eligible For SBA’s Grace Period, And Not Veteran Owned or Controlled

Posted on by

In Mckenna Brytan Indus. LLC, SBA No. VSBC-334, 2023 (Feb. 8, 2024), the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) sustained the Service-Disabled Small Business (SDVOSB) status protest of BTNG Enterprises, LLC (BTNG). In its decision, OHA reiterated the two current regulatory options for calling yourself an “SDVOSB” concern: the first, is having your SDVOSB application officially approved by the SBA and your company listed in the SBA’s Veteran Small Business Certification Program (VetCert) data base; and the second, is having submitted your complete application to SBA through VetCert prior to December 31, 2023, and be currently waiting for approval or denial. Here, OHA was unable to conclude that BTNG had done either of those things–despite looking for evidence of eligibility from the SBA and from BTNG itself.

Continue reading →