Size protests related to SBA’s small business set-aside program, including procurements or orders restricted or reserved for small businesses (13 CFR § 121.1001(a)(1)):

• Offerors that the contracting officer has not eliminated from consideration for any procurement-related reason (e.g., not eliminated for non-responsiveness, technical unacceptability, outside competitive range, etc.).
• Other interested parties, including large businesses where only one concern submitted an offer for the specific procurement in question.  However, a concern found to be other than small in connection with a procurement is not an interested party unless there is only one remaining offeror after the concern is found to be other than small.

Size protests related to competitive 8(a) contracts (13 CFR § 121.1001(a)(2)):

• Offerors that the contracting officer has not eliminated from consideration for any procurement-related reason (e.g., not eliminated for non-responsiveness, technical unacceptability, outside competitive range, etc.).

Size protests related to SBA’s subcontracting program (13 CFR § 121.1001(a)(3)):

• Prime contractor.
• Other potential subcontractors.
• Other interested parties, which includes large business prime contractor offerors challenging another large business’s FAR 52.219-9 small business subcontracting plan goals (See Size Appeal of IAP World Servs., Inc., SBA No. SIZ-5480, (June 24, 2013)).

Size protests related to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs (13 CFR §121.1001(a)(4)):

• Any offeror or applicant for that solicitation.

NAICS Code Appeals (13 C.F.R. § 121.1103(a)(1))

• Except for 8(a) sole source awards, any interested party adversely affected by a NAICS code designation may appeal the designation to OHA. An interested party would include a business concern seeking to change the NAICS code designation in order to be considered a small business for the challenged procurement, regardless of whether the procurement is reserved for small businesses or unrestricted.  Non-government parties cannot appeal the NAICS code assigned to a sole source contract reserved under SBA's 8(a) Business Development program.   

Veteran-Owned Small Business (VOSB) and Service-Disabled Veteran-Owned Small Business (SDVOSB) Status Protests (13 CFR § 134.1002)

• Except for sole source procurements, any certified VOSB or SDVOSB that submits an offer for a specific set-aside VOSB or SDVOSB contract (including a multiple award contract) or order may file an SDVOSB/VOSB status protest related to that procurement. For sole source procurements, only the SBA, VA, or relevant contacting officer may protest the VOSB or SDVOSB status of a proposed awardee.

Women-Owned Small Business (WOSB) and Economically-Disadvantaged Women-Owned Small Business (EDWOSB) Status Protests (13 CFR § 127.600, 13 CFR § 127.102 “Interested party”)

• Except for sole source procurements, a concern certified as, or pending certification as, a WOSB or EDWOSB that submits an offer for a specific EDWOSB or WOSB contract (including a multiple award contract) or order may file a WOSB/ EDWOSB status protest.  Only the SBA or the contracting officer may protest the proposed awardee’s EDWOSB or WOSB status for sole source procurements.  

Historically Underutilized Business Zone (HUBZone) Status Protests (13 CFR Part 126 Subpart H)

• For HUBZone contracts other than sole source procurements, including multiple award contracts, any interested party may protest the apparent successful offeror's status as a certified HUBZone small business concern or the HUBZone joint venture offeror's compliance with the joint venture regulations at 13 C.F.R. § 126.616). An interested party means any certified HUBZone small business concern that submits an offer for a specific HUBZone set-aside contract (including a multiple award contract) or order, any concern that submitted an offer in full and open competition and its opportunity for award will be affected by a price evaluation preference given to a certified HUBZone small business concern or by a reserve of an award given to a certified HUBZone small business concern, the contracting activity's contracting officer, or SBA. 

For negotiated acquisitions, must be received by the contracting officer prior to the close of business on the 5th business day after notice of the apparent successful offeror or of award. 13 CFR § 126.801(d)(1).

For sealed bid acquisitions, must be received by the contracting officer prior to the close of business on the 5th business day after bid opening, or where the identified low bidder is determined to be ineligible for award, by close of business on the 5th business day after the contracting officer has notified interested parties of the identity of that low bidder.  However, if the price evaluation preference was not applied at the time of bid opening, an interested party must then submit its protest by close of business on the 5th business day after the date of identification of the apparent successful low bidder. 13 CFR § 126.801(d)(2). 

A GAO pre-award protest based on improprieties in a solicitation that are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties that do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. However, if no closing time is established and no further submissions are anticipated, protests of solicitation improprieties must be filed within 10 days after they become or should have become known.  4 C.F.R. § 21.2(a)(1). 

All other GAO pre-award protests generally must be filed no later than 10 days after the protester knew, or should have known, of the basis for protest, whichever is earlier. 4 C.F.R. § 21.2(a)(2). However, an exception to the general timeliness rules exists for procurements where a debriefing is requested, and when requested, is required.  In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, and which does not involve an alleged solicitation impropriety, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. 4 C.F.R. § 21.2(a)(2).

However, be careful, the exception to the timeliness rules based on a required debriefing is inapplicable where the protester chooses to delay the debriefing related to the eliminated proposal until after award.  The protester should always choose to have the pre-award debriefing before the award.  Matter of Univ. of Massachusetts Donahue Inst., B-400870.3, 2009 WL 2902959 (July 15, 2009).

Post-award GAO protests must be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier). 4 C.F.R. § 21.2(a)(2). However, an exception to the general timeliness rules exists for procurements where a debriefing is requested, and when requested, is required.  4 C.F.R. § 21.2(a)(2).

For FAR Part 15 procurements, an unsuccessful offeror must request a debriefing within 3 days after notice of the award.  FAR 15.506(a)(1).  If it is not timely requested, the debriefing is not required. If the debrief is timely requested, then the protest must be filed within 10 days after when the debriefing was held.  4 C.F.R. § 21.2(a)(2).  However, to suspend performance of the contract through the automatic stay, the protest must be filed within 5 days after the debriefing (not 10).  FAR 33.104(c)(1).