Protesting a small business representation or rerepresentation
Summary
Federal Acquisition Regulation 19.302, "Protesting a small business representation or rerepresentation." Paragraph (a)(1) says the SBA regulations on small business size and size protests are found at 13 CFR part 121. Paragraph (a)(2) says an offeror, the contracting officer, SBA, or another interested party may protest the small business representation of an offeror in a specific offer for a contract, but that for competitive 8(a) contracts the filing of a protest is limited to an offeror, the contracting officer, or SBA. Paragraph (b) lets the contracting officer question an offeror's small business representation any time after offers are received, by filing a contracting officer's protest, and paragraph (d)(1) says all protests must be in writing.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Protesting a small business representation or rerepresentation.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/cfr-2025-title48-vol1-sec19-302-2026-09-19-42fc2a20ed/
, SHA-256 c562f056daba7ced0b4ad3c00139c2cd9e6afce39aa037477d100610f3a43023.Full text
Federal Acquisition Regulation 19.302
NAICS code assigned, the contractor is taining 52.219–9, Small Business Sub-
required to rerepresent its size status contracting Plan, if a prime contrac-
for each NAICS code assigned to the tor’s size status changes from small to
contract. other than small as a result of a size
(d) Procedures(1) Contract rerepresenta- rerepresentation (see 19.705–2(b)(3)).
tion. After a contractor rerepresents [72 FR 36855, July 5, 2007, as amended at 74
for a contract that it no longer quali- FR 11825, Mar. 19, 2009; 81 FR 45843, July 14,
fies as a small business concern identi- 2016; 85 FR 11759, Feb. 27, 2020; 90 FR 522, Jan.
fied in 19.000(a)(3) in accordance with 3, 2025]
52.219–28, the agency may no longer in-
clude the value of options exercised, 19.301–3 Rerepresentation by a con-
modifications issued, orders issued, or tractor that represented itself as
purchases made under BPAs on that other than a small business con-
cern.
contract in its small business prime
contracting goal achievements. When a A contractor that represented itself
contractor’s rerepresentation for a con- as other than small before contract
tract qualifies it as a different small award may, but is not required to, re-
business concern identified in represent its size status when—
19.000(a)(3) than what it represented for (a) The conditions in 19.301–2(b)
award, the agency may include the apply; and
value of options exercised, modifica- (b) The contractor qualifies as a
tions issued, orders issued, or pur- small business concern under the appli-
chases made under BPAs on that con- cable size standard in effect at the time
tract in its small business prime con- of its rerepresentation.
tracting goal achievements, consistent [72 FR 36855, July 5, 2007, as amended at 74
with the rerepresentation. Agencies FR 11825, Mar. 19, 2009]
should issue a modification to the con-
tract capturing the rerepresentation 19.302 Protesting a small business rep-
and report it to FPDS within 30 days resentation or rerepresentation.
after notification of the rerepresenta- (a)(1) The SBA regulations on small
tion. business size and size protests are
(2) Rerepresentation for a task or deliv- found at 13 CFR part 121.
ery order. (i) When an order is issued (2) An offeror, the contracting offi-
under an unrestricted multiple-award cer, SBA, or another interested party
contract and the contractor’s rerep- may protest the small business rep-
resentations no longer qualifies it as a resentation of an offeror in a specific
small business concern identified at offer for a contract. However, for com-
19.000(a)(3), the agency can no longer petitive 8(a) contracts, the filing of a
include the value of the order in its protest is limited to an offeror, the
small business prime contracting goal contracting officer, or SBA. See 13 CFR
achievements. When a contractor’s re- 121.1001(a).
representation for an order qualifies it (b) Any time after offers are received
as a different small business concern by the contracting officer, or in the
identified at 19.000(a)(3) than what it case of bids, opened, the contracting of-
represented for contract award, the ficer may question the small business
agency can include the value of the representation of any offeror in a spe-
order in its small business prime con- cific offer by filing a contracting offi-
tracting goal achievement, consistent cer’s protest (see paragraph (c) of this
with the rerepresentation. section).
(ii) A rerepresentation for an order (c)(1) Any contracting officer who re-
issued under an unrestricted multiple- ceives a protest, whether timely or not,
award contract does not change the or who, as the contracting officer,
size or socioeconomic status represen- wishes to protest the small business
tation for the contract. representation of an offeror, or rerep-
(e) Size status change. A change in size resentation of a contractor, shall
RMAJETTE on LAPJN3WLY3PROD with CFR
status does not change the terms and promptly forward the protest to the
conditions of the contract. However, SBA Government Contracting Area Di-
the contracting officer may require a rector at the Government Contracting
subcontracting plan for a contract con- Area Office serving the area in which
457
VerDate Sep<11>2014 11:02 May 20, 2026 Jkt 265222 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Y:\SGML\265222.XXX 265222
19.302 48 CFR Ch. 1 (10–1–25 Edition)
the headquarters of the offeror is lo- agreements placed under a Federal
cated. Supply Schedule contract (see 8.405 and
(2) The protest, or confirmation if the paragraph (d)(5) of this section)); and
protest was initiated orally, shall be in (C) Orders placed under multiple-
writing and shall contain the basis for award contracts where the contracting
the protest with specific, detailed evi- officer requested rerepresentation for
dence to support the allegation that the order; or
the offeror is not small. The SBA will (iii) Receipt of notification using
dismiss any protest that does not con- other communication means when
tain specific grounds for the protest. written notification is not required.
(3) The protest shall include a refer- (2) A protest may be made orally if it
ral letter written by the contracting is confirmed in writing and received by
officer with information pertaining to the contracting officer within the 5-day
the solicitation. The referral letter period or by letter postmarked no later
must include the following information than 1 business day after the oral pro-
to allow SBA to determine timeliness test.
and standing: (3) A protest may be made in writing
(i) The protest and any accom- if it is delivered to the contracting offi-
panying materials. cer by hand, mail, facsimile, email, ex-
(ii) A copy of the size self-certifi- press or overnight delivery service.
cation. (4) Except as provided in paragraph
(iii) Identification of the applicable (d)(6) of this section, a protest filed by
size standard. the contracting officer or SBA is al-
(iv) A copy or an electronic link to ways considered timely whether filed
the solicitation and any amendments. before or after award.
(v) The name, address, telephone (5) A protest under a Multiple Award
number, email address, and fax number Schedule will be timely if received by
of the contracting officer. SBA at any time prior to the expira-
(vi) Identification of the bid opening tion of the contract period, including
date or the date of notification pro- renewals.
vided to unsuccessful offerors. (6) A protest filed before bid opening,
(vii) The date the contracting officer or notification to offerors of the selec-
received the protest. tion of the apparent successful offeror,
(viii) A complete address and point of will be dismissed as premature by SBA.
contact for the protested concern. (e) Upon receipt of a protest from or
(d) In order to affect a specific solici- forwarded by the Contracting Office,
tation, a protest must be timely. SBA’s the SBA will—
regulations on timeliness are contained (1) Notify the contracting officer and
in 13 CFR 121.1004. SBA’s regulations the protester of the date it was re-
on timeliness related to protests of dis- ceived, and that the size of the concern
advantaged status are contained in 13 being challenged is under consideration
CFR part 124, subpart B. by the SBA; and
(1) To be timely, a protest by any (2) Furnish to the concern whose rep-
concern or other interested party must resentation is being protested a copy of
be received by the contracting officer the protest and a blank SBA Form 355,
by the close of business of the fifth Application for Small Business Deter-
business day after— mination, by certified mail, return re-
(i) Bid opening for sealed bid acquisi- ceipt requested.
tions; or (f)(1) Within 15 business days after re-
(ii) Receipt of the special notification ceipt of a protest or request for a for-
from the contracting officer (see mal size determination or within any
15.503(a)(2)) that identifies the appar- extension of time granted by the con-
ently successful offeror for negotiated tracting officer the SBA Area Office
acquisitions, including— will determine the size status of the
(A) Partial set-asides and reserves of challenged concern. The SBA Area Of-
RMAJETTE on LAPJN3WLY3PROD with CFR
multiple-award contracts; fice will notify the contracting officer,
(B) Orders that are set-aside under an the protester, and the challenged con-
unrestricted multiple-award contract cern of its decision by a verifiable
(except for orders and blanket purchase means, which may include facsimile,
458
VerDate Sep<11>2014 11:02 May 20, 2026 Jkt 265222 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:\SGML\265222.XXX 265222
Federal Acquisition Regulation 19.302
electronic mail, or overnight delivery SBA Government Contracting Area Di-
service. rector, any concern or other interested
(2) Award may be made to a protested party that has been adversely affected
concern after the SBA Area Office has by an SBA Government Contracting
determined that either the protested Area Director’s decision, or the SBA
concern is an eligible small business or Associate Administrator for the SBA
has dismissed all protests against it. program involved. The appeal must be
(3) If SBA’s Office of Hearings and filed with the Office of Hearings and
Appeals (OHA) subsequently overturns Appeals, Small Business Administra-
the Area Office’s determination of eli- tion, Suite 5900, 409 3rd Street, SW.,
gibility or dismissal, and contract Washington, DC 20416, within the time
award has not been made, the con- limits and in strict accordance with
tracting officer may apply the OHA de- the procedures contained in Subpart C
cision to the procurement in question. of 13 CFR part 134. It is within the dis-
(g)(1) After receiving a protest in- cretion of the SBA Judge whether to
volving an offeror being considered for accept an appeal from a size deter-
award, the contracting officer shall not mination. If a post-award appeal is sub-
award the contract until the SBA has mitted to OHA within the time limits
made a size determination or 15 busi- specified in Subpart C of 13 CFR part
ness days have expired since SBA’s re- 134, the contracting officer shall con-
ceipt of a protest, whichever occurs sider suspending contract performance
first; however, award shall not be with- until an SBA Judge decides the appeal.
held when the contracting officer de- SBA will inform the contracting officer
termines in writing that an award of its ruling on the appeal. SBA’s deci-
must be made to protect the public in- sion, if received before award, will
terest. apply to the pending acquisition. If the
(2) If SBA has not made a determina- contracting officer has made a written
tion within 15 business days, or within determination in accordance with (g)(1)
any extension of time granted by the or (2) of this section, the contract has
contracting officer, the contracting of- been awarded, the SBA rulings is re-
ficer may award the contract after de- ceived after award, and OHA finds the
termining in writing that there is an protested concern to be ineligible for
immediate need to award the contract award, the contracting officer shall
and that waiting until SBA makes its terminate the contract unless termi-
determination will be disadvantageous nation is not in the best interests of
to the Government. the Government, in keeping with the
(3) SBA may, at its sole discretion, circumstances described in the written
reopen a formal size determination to determination. However, the con-
correct an error or mistake, if it is tracting officer shall not exercise any
within the appeal period and no appeal options or award further task or deliv-
has been filed with OHA or, a final de- ery orders.
cision has not been rendered by the (i) SBA will dismiss untimely pro-
SBA Area Office or OHA. tests. A protest that is not timely,
(4) If a protest is received that chal- even though received before award,
lenges the small business status of an shall be forwarded to the SBA Govern-
offeror not being considered for award, ment Contracting Area Office (see
the contracting officer is not required paragraph (c)(1) of this section), with a
to suspend contract action. The con- notation on it that the protest is not
tracting officer shall forward the pro- timely. A protest received by a con-
test to the SBA (see paragraph (c)(1) of tracting officer after award of a con-
this section) with a notation that the tract shall be forwarded to the SBA
concern is not being considered for Government Contracting Area Office
award, and shall notify the protester of with a notation that award has been
this action. made.
(h) An appeal from an SBA size deter- (j) When a concern is found to be
RMAJETTE on LAPJN3WLY3PROD with CFR
mination may be filed by any concern other than small under a protest con-
or other interested party whose protest cerning a size status rerepresentation
of the small business representation of made in accordance with the clause at
another concern has been denied by an 52.219–28, Postaward Small Business
459
VerDate Sep<11>2014 11:02 May 20, 2026 Jkt 265222 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:\SGML\265222.XXX 265222
19.303 48 CFR Ch. 1 (10–1–25 Edition)
Program Rerepresentation, a con- credible information calling into ques-
tracting officer may permit contract tion the SDB status of the firm.
performance to continue, issue orders, (b) Requests for an SBA review of
or exercise option(s), because the con- SDB status may be forwarded to the
tract remains a valid contract. Small Business Administration, Asso-
[48 FR 42240, Sept. 19, 1983, as amended at 50 ciate Administrator for Business De-
FR 1743, Jan. 11, 1985; 50 FR 52429, Dec. 23, velopment (AA/BD), 409 Third Street
1985; 51 FR 2664, Jan. 17, 1986; 60 FR 42656, SW., Washington, DC 20416.
Aug. 16, 1995; 61 FR 69289, Dec. 31, 1996; 62 FR (c) An SBA review of a subcontrac-
44820, Aug. 22, 1997; 62 FR 51270, Sept. 30, 1997; tor’s SDB status differs from a formal
63 FR 9053, 9055, Feb. 23, 1998; 63 FR 35722,
protest. Protests of a concern’s size as
June 30, 1998; 64 FR 32743, June 17, 1999; 67 FR
13054, Mar. 20, 2002; 72 FR 36855, July 5, 2007; a prime contractor are processed under
79 FR 43582, July 25, 2014; 81 FR 83099, Nov. 18, 19.302. Protests of a concern’s size as a
2016; 85 FR 11760, Feb. 27, 2020; 89 FR 61336, subcontractor are processed under
July 30, 2024; 90 FR 522, Jan. 3, 2025] 19.703(b).
19.303 [Reserved] [79 FR 61750, Oct. 14, 2014, as amended at 81
FR 45843, July 14, 2016; 88 FR 53752, Aug. 8,
19.304 Small disadvantaged business 2023; 89 FR 30254, Apr. 22, 2024]
status.
19.306 Protesting a firm’s status as a
(a) The contracting officer may ac- HUBZone small business concern.
cept an offeror’s representation that it
is a small disadvantaged business con- (a) Definition. As used in this sec-
cern (SDB) concern. tion—
(b) The provision at 52.219–1, Small Interested party has the meaning
Business Program Representations, or given in 13 CFR 126.103.
52.212–3(c)(5), Offeror Representations (b)(1) For sole-source procurements,
and Certifications—Commercial Prod- SBA or the contracting officer may
ucts and Commercial Services, is used protest the prospective contractor’s
to collect SDB data. certified HUBZone status; for all other
(c) A representation of SDB status on procurements, SBA, the contracting of-
a Federal prime contract will be ficer, or any other interested party
deemed a misrepresentation of SDB may protest the apparent successful
status if the firm does not meet the re- offeror’s certified HUBZone status (see
quirements of 13 CFR 124.1001. 13 CFR 126.800).
(d) Any person or entity that mis- (2) The Director of SBA’s Office of
represents a firm’s status as an SDB the HUBZone Program will determine
concern in order to obtain a con- whether the concern has certified
tracting opportunity in accordance HUBZone status. If SBA upholds the
with section 8(d) of the Small Business protest, SBA will remove the concern’s
Act, (15 U.S.C. 637(d)) will be subject to HUBZone status in the Dynamic Small
the penalties imposed by section 16(d) Business Search (DSBS). SBA’s protest
of the Small Business Act, (15 U.S.C. regulations are found in subpart H
645(d)), as well as any other penalty au- ‘‘Protests’’ at 13 CFR 126.800 through
thorized by law. 126.805.
[79 FR 61750, Oct. 14, 2014, as amended at 86 (c) Protests relating to small busi-
FR 61027, Nov. 4, 2021; 88 FR 53752, Aug. 8, ness size status are subject to the pro-
2023; 89 FR 13956, Feb. 23, 2024] cedures of 19.302. An interested party
seeking to protest both the small busi-
19.305 Reviews of SDB status. ness size and HUBZone status of an ap-
This section applies to reviews of a parent successful offeror shall file two
small business concern’s SDB status as separate protests. Protests relating to
a prime contractor or subcontractor. small business size status for the ac-
(a) SBA may initiate the review of quisition and the HUBZone eligibility
RMAJETTE on LAPJN3WLY3PROD with CFR
SDB status on any firm that has rep- requirements will be processed concur-
resented itself to be an SDB on a prime rently by SBA.
contract or subcontract to a Federal (d)(1) All protests must be in writing
prime contract whenever it receives and must state all specific grounds for
460
VerDate Sep<11>2014 11:02 May 20, 2026 Jkt 265222 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:\SGML\265222.XXX 265222
File and source
- File
- CFR-2025-title48-vol1-sec19-302_2026-09-19.pdf
- Size
- 204,983 bytes
- SHA-256
- c562f056daba7ced0b4ad3c00139c2cd9e6afce39aa037477d100610f3a43023
- Original
- www.govinfo.gov