Protests Begin: NETCENTSII NETOPS Small Business Contract
There have been Size Standard protests received following the notice of Apparently Successful Offerors on Monday, 25 November 2013. There was a five day period wherein size standard protests could be filed.
NETCENTSII looked to the SBA site to understand what might have happened or will happen next. We reference SBA website page Small Business Size Standards where a definition of Employees for size standard determination can be found.
Employees – The number of employees of a concern is its average number of persons employed for each pay period over the concern’s latest 12 months. Any person on the payroll must be included as one employee regardless of hours worked or temporary status. That is, it is a “head count.” The number of employees of a concern in business under 12 months is based on the average for each pay period it has been in business.
SIZE PROTESTS AND NAICS APPEALS
Any party to a procurement may protest the self-certification of a bidder as a small business. The protest must follow certain procedures and shall include the specific reason(s) why the protester believes the challenged firm is not a small business. A protest must be sent to the contracting officer, who transmits it to an SBA Office of Government Contracting Area Office for a size determination of the challenged firm. Procedures for protest and appeal of size determinations are detailed in 13 CFR §121.1001 through §121.1010.
§ 121.1001(b)Request for Size Determination
(9) For purposes of validating that firms listed in the Central Contractor Registration database are small, the Government Contracting Area Director or the Director, Office of Government Contracting may initiate a formal size determination when sufficient information exists that calls into question a firm’s small business status. The current date will be used to determine size, and SBA will initiate the process to remove from the database the small business designation of any firm found to be other than small.
§ 121.1004 governs the time periods wherein a size protest can be filed.
Protests regarding size certifications made for contracts must be received by the contracting officer prior to the close of business on the 5th day, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice (including notice received in writing, orally, or via electronic posting) of the identity of the prospective awardee or award.
A protest must include specific facts or it will be dismissed. (§ 121.1007)
After receipt of a protest or a request for a formal size determination, the SBA Area Office will issue a formal size determination within 15 business days, if possible. (§ 121.1009)