SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Introduction
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Introduction
Closed Captioning This acquisition is a Small Business set-aside for a follow on contract for security guard services Corporate Defenders Inc ( CD ) submitted the apparently successful offer CDIs primary subcontractor is Rivers who is the incumbent contractor and will be providing management support as well as some of their employees for this follow-on effort East Lake Management Operation ( ELMO) received their Pre-award notice of the apparent successful offer ELMO decided to protest the small business representation for CD based on the affiliation with Rivers
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Introduction
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Closed Captioning Your simulation environment was introduced earlier but here is a quick reminder for you
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
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SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
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SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Introduction
Closed Captioning This acquisition is a Small Business set-aside for a follow on contract for security guard services Corporate Defenders Inc ( CD ) submitted the apparently successful offer CDIs primary subcontractor is Rivers who is the incumbent contractor and will be providing management support as well as some of their employees for this follow-on effort East Lake Management Operation ( ELMO) received their Pre-award notice of the apparent successful offer ELMO decided to protest the small business representation for CD based on the affiliation with Rivers
_ I Page 1 of 6 1
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Introduction
1 Pog e1of6 1
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
I Pag elof6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Closed Captioning Your simulation environment was introduced earlier but here is a quick reminder for you
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
I Pogelof6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
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SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Introduction
1 Pog e1of6 1
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
I Pag elof6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Closed Captioning Your simulation environment was introduced earlier but here is a quick reminder for you
~ I Page2of 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
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SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
I Pag elof6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Closed Captioning Your simulation environment was introduced earlier but here is a quick reminder for you
~ I Page2of 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
I Pogelof6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
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SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
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SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Closed Captioning Your simulation environment was introduced earlier but here is a quick reminder for you
~ I Page2of 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
I Pogelof6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
~ I Pogelof 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
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SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
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SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a b irds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Conferen ce Room This is the office conference room The conference room is loca ted directly across from your o ffice Meetings routinely occur in the conference room
~~--
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
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SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
lobby This is the lobby You will see members o f the acquisition team periodically as you enter or leave the lobby You must go through the Exit to ge t into the lobby When you depart your office selec t the le ft arrow to navigate to the exit Select the exit door to go through the door into the I- lobby
~ I P o gelo f 6 I Ba c k Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
~ I Pogelof 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulate d environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Program Managers Office This is Asha the Program Managers office You must go through the Exit to get to the PMs office When you leave your office select the right arrow to navigate to the exit Select the exit door to go through the door and into Ashas office
~ I Pogelof 6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisio n s for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Technical S ME Office This office is reserved for Government technical SMEs The SMEs work in various o ffices around Fort Washington and come to this office as needed This office remains locked until the SMEs are present Whe n you leave your office
(SBP I) turn left to get to the S~M~E~offi~c~e~middot--=firniil
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
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SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP ll Office This is Ruben the senior SSPs o ffice Rubens office is next door to your office When you leave your office turn left and you are at Rubens door
I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
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SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Your Simulation Environment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
SBP 1 Office You the student are the SSP 1 This is your o ffice You perform daily duties that require use of the computer and phone from this office You attend meetings in the conference room directly across the hall form your office You routinely visit Ruben the Senior SSP Connie the Contracting Officer and Asha the Program Managers offices for short discussions ------
~ I Pogelof 6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
Here is a birds eye view of your simulat ed environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contracting Officer This is Connie the Contracting Officers office When you leave your office select the righ t arrow to navigate to the Contracting Officers office
I Pogelof 6 I Back Next
SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
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SBP220 Business Decisio ns for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Your Simulation Envir onment
Here is a birds eye view of your simulated environment Select each room on the office environment map for a few details about the office Become familiar with where your office is located in relationship to the other offices
Contract Specialist Office This is Jenny the Contract Specialist s office Occasionally Jenny will have a Contrac t Specialist Intern working with her When you leave your o ffice turn right to ge t to the Contract Specialist o ffice
I Pogelof6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
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SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
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SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
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SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions f o r Small Business Lesson 11 - Size Protesl Simulation RESOURCES I PRINT I HELP
Your Simulation Environment
long Description Here is a birds eye view of your simulated envJrC)I Image of the office environment from an overhead map for a few details about the office Become perspective It displays t he building room lay out w1th a to the other offices hallway through the center
starting from the le ft top o f the image the rooms are labeled as follows
bull Lobby bull Conference Room bull Program Managers (PM) Office
starting from the left bottom of the image the rooms are labeled as follows
==-- bull Technical SME Office bull SBP II Office bull SBP I Office (Your Office ) bull Contracting Officers (CO) Office bull Contract Specialists Office
~ I Page2of 6 I ~ Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Simulation Character s
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contrac t Specialist bull I an - Legal Representative bull Janet - SBA PCR bull Phil - Contrac tor (ELMO) bull Grace - Contrac tor (CD)
~ I Poge3of 6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11- Size Protest Simulation RESOURCES I PRINT 1 HELP
Simulation Characters
You will interact with several characters in the simulated environment These characters include
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - Contract Specialist bull Ian - Legal Representative bull Janet - SBA PCR bull Phil - Contractor (ELMO) bull Grace - Contractor ( CD)
Closed Captioning Your simulation characters were also introduced earlier but here is a quick reminder of who the characters are and their roles in the simulation Select Next to launch the simulation
~ I Page3of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOUR CES I PRINT I HELP
Simulation Ch ar acter s
You will interact with several characters in the simulated environment These characters include
bull Connie bull Contracting Officer bull Asha bull Program Managerbull Ruben bull Senior SBIP_______
bull Jenny bull Contrac t l ong Descrip tion bull I an bull Legal Re1oresl bull Janet bull SBA PCR You will interac t with several characters in the simulated bull Phil bull Contractor environment These characters include bull Grace bull Contrabullctorl
bull Connie - Contracting Officer bull Asha - Program Manager bull Ruben - Senior SBP bull Jenny - COntract Specialist bull Ian - legal Representative bull Janet - SBA PCR bull Phil - COntractor (ELMO) bull Grace - COntractor (COl)
~ I Poge 3of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEED BACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After comple all simulation activities return to this screen and select Next to continue
Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business l esson 11 -Size Protest Simulation RESOURCES I PRINT 1 HELP
Size Protest Simulation
This simulation will open and be conducted in a separate window Once you begin you are an Actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Throughout the simulation you will make many business decisions involving knowledge and judgment When you apply your knowledge and exercise good judgment in providing guidance your actions will be affirmed with FEEDBACK screens However when you incorrectly apply your knowledge and exercise poor judgement in providing guidance your credibility as a small business professional is on the line
You never want to tarnish your credibility as a consummate small business professional It is good to recognize mistakes and learn from them quickly Therefore if you make incorrect decisions in this simulation you will learn of them through the CONSEQU ENCE O F YOUR ACTIONS screen as you progress through the simulation
Select the Size Protest image below to launch the simulation The simulation will open in a new window After ting all simulation activities return to this screen and select Next to continue
Closed Capt ioning This simulation will open and be conducted in a separate window Once you begin you are an actor and must initiate the necessary actions to progress through the simulation Pay careful attention to the instructional prompts to determine what to do next Your Tablet is a valuable resource and will allow you to research the FAR DFARS and many other pertinent Federal and DOD Acquisition Websites and reference materials
Select Size Protest Simulation to begin
Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 1 Your Office This acquisition is a small business set-aside for a follow on contract for
security guard services Corporate Defenders Inc (CDI) is the apparent successful offeror CDIs
primary subcontractor is Rivers who is the incumbent contractor and will be providing
management support as well as some of their employees for this follow-on effort East Lake
Management Operation (ELMO) received their Pre-award notice IAW FAR 15503(a)(2)(ii)
indicating that CDI is the apparent successful offeror They have decided to protest the small
business representation for CDI based on the affiliation with Rivers While sitting at your desk
you notice you have a new voicemail
Connie Hello I am just checking with you to make sure you are available to meet with Jenny
our Contracting Specialist concerning the East Lake size protest of the apparent award to CDI I
will be out for a couple of weeks and she will be watching over things in my absence Please
meet her in the conference room at 100pm By the way I left the abstract from the CDI
proposal in your inbox
Screen 2 Your Office Open the Abstract of CDI Document
Screen 3 Conference Room Jenny Thanks for coming in Now that we have sent a Pre-award
notice that CDI is the apparent successful offeror I see that East Lake is protesting the size
status based on affiliation with Rivers With Connie being out I need some guidance What are
the procedures for a size protest
Activity 3-1 Conference Room Jenny How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) the protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 21
Choice 2 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must follow-
up with a written protest Proceed to screen 4
Choice 3 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 12
Screen 4 Conference Room
Jenny Really I will inform the offeror that they can only submit the protest orally Thank you
for your time I assume I will have more questions
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 5 Your Office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am the owner of the small business East Lake Management
Operation better known as ELMO I am in the process of sending in a size protest Jenny
informed me that I could only protest orally I called SBA and they told me that the protest
could be in writing I am not pleased I will be citing this in the written protest
Screen 6 Your Office You have called Ruben the senior SBP to keep him informed of the
events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 7 Your Office CONSEQUENCE OF YOUR ACTIONS Requiring all protests to be oral is not
consistent with FAR policy While FAR 19302(c)(2) allows size representation protests to be
initially submitted orally they must be followed up in writing protests can also be initially
submitted in writing All size representation protests must include the basis for the protest with
specific detailed evidence to support the allegation that the offeror is not small As a SBP it is
important that you provide accurate policy guidance when advising industry and Government
personnel to ensure you maintain credibility as a small business expert
Screen 8 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-2 Your office Ruben How can an offeror protest a small business size
representation
Choice 1 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Choice 2 A protest may be made orally if it is confirmed in writing and received by the
Contracting Officer within the 30-day period or by letter postmarked no later than 1 business
day after the oral protest (FAR 19302(d)(1)(i)) Proceed to screen 9
Screen 9 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 10 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 11 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 12 Conference Room
Jenny Really I will inform the offeror that a protest may be made orally if it is confirmed in
writing and received by the Contracting Officer within the 30-day period Thank you for clearing
that up for me
Screen 13 Your office THE NEXT DAY - Coming back from lunch you notice that you have a
voicemail
Phil Hello My name is Phil I am from ELMO I am in the process of sending in a size protest
Jenny informed me that I had up to 30 days That sounded suspicious so I called SBA They
informed me a protest may be made orally within the 5-day period if it is confirmed in writing
and received by the Contracting Officer or by letter postmarked no later than one business day
after the oral protest I am not pleased I will be citing this in the written protest
Screen 14 Your office THE NEXT DAY - You have contacted Ruben the senior SBP to keep him
informed of the events
Ruben Hello this is Ruben Thanks for the back brief of events You need to ensure that you
learn the policies and provide accurate counselling If you are in doubt please review the
regulations It will be an embarrassment if this is written up in the protest
Screen 15 Your office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 16 Your office
Ruben Do you now understand the regulation How can an offeror protest a small business
size representation
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Activity 3-3 Your office
Question Ruben How can an offeror protest a small business size representation
Choice 1 As stated in FAR 19302(c)(2) an offeror can only protest orally and then must
follow-up with a written protest Proceed to screen 17
Choice 2 As stated in FAR 19302(c)(2) The protest or confirmation of the protest if initiated
orally shall be in writing Proceed to screen 20
Screen 17 Your office
Ruben That is incorrect A protest may be made orally within the 5-day period if it is confirmed
in writing and received by the Contracting Officer or by letter postmarked no later than 1
business day after the oral protest
Screen 18 Your Office CONSEQUENCE OF YOUR ACTIONS Advising a concern that they have 30
days to submit a protest would result in the SBA denying the protest as untimely While it is the
responsibility of the contractor to know what the FAR requires providing incorrect advice and
counsel too often will adversely impact your credibility and reputation as a SBP and expert in
your field
Screen 19 Your office
Ruben Please contact the offeror and Jenny to inform them of the correct regulation I have to
reiterate that even though industry is responsible for knowing the FAR rules we cannot provide
false advice Have a good day and let me know if you need anything Proceed to screen 22
Screen 20 Your office
Ruben That is correct Please contact the offeror and Jenny to inform them of the correct
regulation Have a good day and let me know if you need anything
Screen 21 Conference room
Jenny Thank you for clearing that up for me If I need further assistance Ill give you a call
Screen 22 Your office FEEDBACK A protest may be made orally within the 5-day period if it is
confirmed in writing and received by the Contracting Officer or by letter postmarked no later
than 1 business day after the oral protest (FAR 19302(d)(1)(i)) A Contracting Officer may
submit a size protest at any time before or after award and it is considered timely (FAR
19302(d)(2))
You have completed the tasks Ruben asked you to perform It is the end of the week You have
closed your computer and stored your documents away You head for the lobby
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 23 Lobby TWO DAYS LATER - As you return to work on Monday morning you run into
Asha in the lobby
Asha Good morning Just wanted to inform you that ELMO wants to send a protest stating that
they had evidence that CDI was large and therefore should not be considered for the award of
any small business set-aside contract for our Army base Have a great day
Screen 24 Your office Entering your office you get a phone call
Phil Hello this is Phil from ELMO I am assuming you heard about the protest Before we send
in the protest letter could you please tell me what is required for a size protest to be
considered by SBA
Activity 24-1 Your office
Question Phil In accordance with 13 CFR 1211007 what is required for a protest of size
status to be considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 25
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 33
Choice 3 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 42
Screen 25 Your office
Phil Thank you I will send out the protest later today
Screen 26 Your office Entering your office you notice you have an e-mail
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest E-mail Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie Contracting Officer
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 27 Your office Ruben meets with you weekly to review the status of acquisitions and
discuss any lessons learned During this weekly meeting you inform Ruben about the mistake
you made in informing the protestor that a concern is considered a small and a large depending
on the particular size standard
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 28 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 29 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a size protest to be
considered by SBA
Activity 24-2 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned Proceed to screen 41
Choice 2 The size protest must demonstrate that the offeror being protested is considered
large based on presumed affiliation with a large business Proceed to screen 30
Screen 30 Your office
Ruben Thatrsquos not quite right The protest must be sufficiently specific to prove affiliation Some
basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c)
the SBA protest regulations
Screen 31 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(c) Non-specific
protests will be dismissed The protestor must present proof of affiliation and also relate it to a
specific procurement The protest would be denied because it is not specific The protestor sent
a copy of the protest stating there was presumed affiliation with a large business and therefore
should not be considered for the award of any small business set-aside contract
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 32 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the regulations before giving advice I will need to report this to the commander Do not give any more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 33 Your office
Phil Thank you I will send out the protest later today
Screen 34 Your office
To Acquisition Team
From Connie Contracting Officer
Subject Size Protest Attachment Protest Letter
Hello
Just wanted to inform the SBA would not act on ELMOs protest I have received notice that the size protest is not being considered
I have also attached a copy of the protest
VR
Connie
Contracting officer
Screen 35 Your office Ruben and yourself have monthly general follow-on discussions to discuss the progress of the acquisition and discuss any lessons learned You inform Ruben about the mistake you made
Ruben The protest must be sufficiently specific to prove affiliation Some basis for the belief must be stated The SBA would not act on the protest IAW CFR 1211007(c) the SBA protest regulations
Screen 36 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest challenging the size of a concern which does not pertain to a particular procurement or sale will not be acted on by SBA While it is true that a concern can be small andor large depending on the procurements NAICS code and corresponding size standard the size protest would be denied because it must be related to a particular procurement
Screen 37 Your office
Ruben Did you take a look at 13 CFR 1211007 What is required for a protest of size to be considered by SBA
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Activity 24-3 Your office
Question Ruben In accordance with 13 CFR 1211007 what is required for a size protest to be
considered by SBA
Choice 1 A concern is considered a small and a large depending on the particular size standard
Proceed to screen 38
Choice 2 The size status protest must relate to a particular procurement and be specific to
provide reasonable notice as to the grounds upon which the protested concernrsquos size is
questioned Proceed to screen 41
Screen 38 Your office
Ruben You do realize that a concerns size can fluctuate between small and large depending on
the particular procurement assigned NAICS size standards If you counsel industry you need to
realize this
Screen 39 Your office CONSEQUENCE OF YOUR ACTIONS 13 CFR 1211007(a) A protest
challenging the size of a concern which does not pertain to a particular procurement or sale will
not be acted on by SBA While it is true that a concern can be small andor large depending on
the procurements NAICS code and corresponding size standard the size protest would be
denied because it must be related to a particular procurement
Screen 40 Your office
Ruben You cannot keep informing industry and the agency in this way You need to refer to the
regulations before giving advice I will need to report this to the commander Do not give any
more advice without looking at the regulations I will see you next month Proceed to screen 43
Screen 41 Your office
Ruben That is correct In the future do not give any more advice without looking at the
regulations I will see you next month
Screen 42 Your office
Phil Thank you I will send out the protest today Goodbye
Screen 43 Your office FEEDBACK A protest challenging the size of a concern must pertain to a
particular procurement or sale Additionally a size protest must be sufficiently specific to
provide reasonable notice as to the grounds upon which the protested concerns size is
questioned No particular form is prescribed for a protest Where materials supporting the
protest are available they should be submitted with the protest Size protests which do not
meet 13 CFR 1211007 requirements will be dismissed by SBA
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 44 Your office TWO DAYS LATER
To You SBP Attachment Protest
From Connie Contracting Officer
Subject Size Protest
Hello
After lunch if you could please meet Jenny and I in the conference room I have received the
protest from ELMO and just want to make sure I handle my part The protest document is
attached to this message Please read it before going to see Jenny
Thanks
Connie
Contracting Officer
Screen 45 Conference room LATER THAT DAY
Connie Thanks for coming by ELMO has submitted their small business size representation protest Could you please tell me what needs to be included
Activity 45-1 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 46
Choice 3 According to FAR 19302(c)(3) a small business size representation protest shall
include a copy of the solicitation and all offerors bid - Proceed to screen 59
Screen 46 Conference room
Connie Oh ok Asha needs to fill out the referral letter Please give her a call
Screen 47 Conference room
Asha Hello Asha speaking How may I help you
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 48 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 49 Conference room
Asha Are you sure I have never filled out a referral letter before What must a small business representation protest need to include
Activity 45-2 Conference room
Question Asha What should a small business size representation protest contain
Choice 1 According to FAR 19302(c)(3) a small business size representation protest shall include a copy of the solicitation and all offerorsrsquo bids - Proceed to screen 50
Choice 2 According to FAR 19302(c) a small business size representation protest shall include the basis for the protest and a referral letter written by the Contracting Officer with information pertaining to the solicitation - Proceed to screen 73
Screen 50 Conference room
Asha Ok if you want me to fill out the referral letter I can have it completed by tomorrow You will need to gather the solicitation and offerorsrsquo bids
Screen 51 conference room
Connie Thank you Asha
Screen 52 Your office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 53 Your office read the protest package that is in your inbox
Screen 54 Your office THREE DAYS LATER
Asha I will get with Connie to make sure what the correct information gets sent to the SBA Bye
Screen 55 Conference room Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the process of awarding the contract This mishap about who should fill out the referral letter has caused us even more delay which potentially will impact the delivery schedule
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 56 Conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 57 Conference room Read the Size Determination document
Screen 58 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent back the protest This resulted in a delay of SBAs protest decision As a result there may be potential
delays for contract award and impacts to the programs overall costperformanceschedule
baseline
Screen 59 Conference room
Jenny Oh ok we just need to include the solicitation and all of the offerors bids I can gather
that information up in no time
Screen 60 Conference room
Connie Are you sure that is correct I thought somewhere in the regulations I read that we
were supposed to supply a letter and that the protester was supposed to come up with all the
other information
Activity 45-3 Conference room
Question Connie What should a small business size representation protest contain
Choice 1 According to FAR 19302(c) a small business size representation protest shall include
the basis for the protest and a referral letter written by the Contracting Officer with
information pertaining to the solicitation - Proceed to screen 73
Choice 2 According to FAR 19302(c)(3) a small business size representation protest shall
include a referral letter written by the Program Manager with information addressing the
solicitation - Proceed to screen 61
Screen 61 Conference room
Connie Oh ok Asha needs to fill out the referral letter Letrsquos give her a call
Screen 62 Conference room
Asha Hello Asha speaking How may I help you
Screen 63 Conference room
Connie Hey Asha Itrsquos me Connie I have Jenny and the SBP here with me The SBP has just
informed me that the Program Manager needs to fill out the referral letter for the size protest
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 64 Conference room
Asha Sure I can fill out the referral letter Irsquoll have it completed by tomorrow Bye
Screen 65 Conference room
Connie Once I receive the letter from Asha I will send it off to SBA Thanks Have a great rest of your day
Screen 66 Hour office TWO DAYS LATER - As you enter your office the phone rings
Asha Hello this is Asha I just wanted to let you know that the SBA has returned the protest They stated that the Contracting Officer needs to fill out the referral letter SBA also included a list of items that the protest package should contain I left the list in your inbox
Screen 67 Your office
Asha I will get with Connie to make sure that the correct information gets sent to the SBA Bye
Screen 68 Your office Read the Protest Package letter
Screen 69 Conference room THREE DAYS LATER - Connie has called a meeting of the team to discuss the size protest from ELMO
Connie Thank you everyone for coming As you all know the protest has slowed down the
process of awarding the contract This mishap about who should fill out the referral letter has
cause us even more delay which potentially will impact the delivery schedule
Screen 70 conference room
Connie The protest package has been completed and sent back to the SBA Everything should be in order and now we just wait to hear back from the SBA I brought in copies of the referral letter and the CDI representation letter for everyone to take a look at
Screen 71 Conference room Read the Referral Letter CDI Representation and Size Determination documents
Screen 72 Conference room CONSEQUENCE OF YOUR ACTIONS The SBA sent the protest back This has resulted in a delay in the SBA deciding the protest and potential delay of award of the contract which could result in a delay in performance of delivery or service resulting in additional costs to the Government
Screen 73 Conference room
Connie Thatrsquos it Ok I can definitely take care of that today Thank you
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 74 Your office It has been several days since you spoke to Connie about the small
business representation protest requirements As you sit down to start your day you notice you
have a voicemail
Jenny Hello Can you stop by the conference room when you get this message Thanks
Screen 75 Conference room
Connie Hello Thanks for coming I just wanted to inform you that the protest package has
been completed and sent back to the SBA Everything should be in order and now we just wait
to hear back from the SBA I brought in copies of the referral letter and the CDI representation
letter for everyone to take a look at
Screen 76 Conference room Read the Referral Letter CDI Representation and Size
Determination documents
Screen 77 Conference room
FEEDBACK According to FAR 19302(c)(3) a small business representation protest shall include
the basis of the protest and include a referral letter signed by the Contracting Officer with
information pertaining to the solicitation and include (i) the protest and any accompanying
materials (ii) a copy of the size self-certification (iii) Identification of applicable size standard
(iv) a copy of the electronic link to the solicitation and any amendments (v) the name address
telephone number email address and number of the Contracting Officer (vi) identification of
the bid opening date or date of notification provided to unsuccessful offerors (vii) the date the
Contracting Officer received the protest (viii) a complete address and point of contact for the
protested concern An offeror the SBA or another interested party may protest the small
business representation of an offeror in a specific offer (FAR 19302(a)(2)) For competitive 8(a)
contracts the filing of a protest is limited to the Contracting Officer an offeror or the SBA The
Contracting Officer may also submit a small business representation protest at any time before
or after award (FAR 19302(a) and (b))
Screen 78 Your office A WEEK LATER - As you come back from lunch with Janet you get a visit
from Jenny She has not heard anything about the protest for several days and would like
clarification on the protest process with the SBA
Jenny Hi I just wanted to clarify the notification process of the protest It has been five days
since the documents were submitted to the SBA and we have not heard anything as of yet
Connie also gave me this form that I am unfamiliar with I put it in your inbox
Screen 79 Your office Read the SBA Form 355
Screen 80 Your office
Jenny Hey Janet what is the SBA Government Contracting Area Directors process after
receiving a size determination protest
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 81 Your office
Janet When SBA receives a size protest the SBA Area Director for Government Contracting or
designee will notify the contracting officer the protested concern and the protestor that the
protest has been received SBA will provide a blank copy of SBA Form 355 Application for Small
Business Determination to the concern whose size is at issue The protested concern or
concern whose size is at issue must return the completed SBA Form 355 and all other requested
information to SBA within 3 working days from the date of receipt of the blank form from SBA
SBA has discretion to grant an extension of time to file the form 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 or within an extension granted by the
Contracting Officer in accordance with FAR 19302(e)
Screen 82 Your office
Jenny Thank you for clarifying the process Irsquoll see you both later
Screen 83 Your office
Janet Yes I have to get back to the office too Irsquoll see you later
Screen 84 Your office THE NEXT DAY - You re-enter your office from a break and receive a
phone call
Jenny Hello I forgot to ask when the Contracting Officer may award a contract that has a small
business size protest
Activity 84-1 Your office
Question Jenny When may the Contracting Officer award a contract that has been protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 85
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 105
Choice 3 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 95
Screen 85 Your office
Jenny Ok so I guess we just wait until the SBA makes a determination Thanks
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 86 Program Managerrsquos Office THE NEXT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the incumbent
contract expires 18 days after the submittal of the protest to the SBA
Screen 87 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
contract A lapse between contracts is unacceptable as that may adversely impact the
warfighter
Activity 84-2 Program Managerrsquos Office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 103
Choice 2 The Contracting Officer does not have to wait for SBA to make the determination -
Proceed to screen 88
Screen 88 Program Managerrsquos Office
Connie If that is the case letrsquos wait about a week and then award the contract Thanks
everyone
Screen 90 Your office FIVE DAYS LATER - SBA renders its decision on the required 15th
business day finding that the apparent successful offeror was not eligible for the award
Connie Meeting today at 2 PM
Screen 91 Conference room 2 PM - Connie has called in Asha Jenny and Ian to the
conference room
Connie As you are aware SBA came back with the decision that ELMO was not eligible for the
award Because it is so close to the completion of the source selection we may be able to go
back and award to the offeror that was second in line based on evaluation results
Screen 92 Conference room
Ian We would have to get the acquisition team together with legal SBA and leadership but
we might be able to accomplish that without having to start the procurement over again
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 93 Conference room
Connie Thanks everyone I will keep you posted
Screen 94 Conference room CONSEQUENCE OF YOUR ACTIONS Awarding the contract
without waiting for SBA to make a decision on the appeal is a violation of FAR policy (FAR
19302(g)(2) this type of violation could result in significant impacts inclusive of the
Contracting Officer having to terminate the unauthorized contract Additional fallout may occur
by having to re-accomplish the procurement entirely since the source selection was effectively
completed upon award of the unauthorized contract to the ineligible company Reprocurement
risk would be dependent upon the acquisition circumstances timing and viewpoints of the key
stakeholders and decision-makers
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 95 Your office
Jenny Ok I will inform Connie Thanks
Screen 96 COrsquos office LATER THAT DAY - Connie has asked you to come by her office
Connie Hello Thanks for coming by Jenny tells me that you said that we do not need to wait
for SBA to make the determination about the size protest What happens if we award the
contract and then SBA finds the apparent successful offeror was not eligible for the award
Maybe you should double check the regulation
Activity 84-3 COrsquos office
Question Connie When may the Contracting Officer award a contract that has been
protested
Choice 1 Only after the SBA makes a determination of the small business representation
protest - Proceed to screen 97
Choice 2 When the SBA makes a decision or 15 business days have expired whichever comes
first however the CO may award a contract before an SBA determination is made when he
makes a written determination that award must be made to protect public interest - Proceed
to screen 104
Screen 97 COrsquos office
Connie Ok so I guess we just wait until the SBA makes a determination
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 98 Program Managerrsquos Office LATER THAT DAY - Asha has requested that you come by
her office As you walk into Asharsquos office Connie is already there
Asha Connie was just informing me that she has decided to wait on SBAs decision about the
protest before awarding the contract Just want to inform the both of you that the current
contract expires 18 days after the submittal of the protest to the SBA
Screen 99 Program Managerrsquos Office
Connie That is a good point Asha The risk of me waiting too long will result in expiration of the
incumbents contract and work stoppage for security guard services
Screen 100 Program Managerrsquos Office
Asha I looked up the regulation and it states that we should wait up to 15 business days and
then we may award the contract
Screen 101 Program Managerrsquos Office
Connie Thanks That is what we will do and hopefully SBA will respond before the 15 days
Screen 102 Program Managerrsquos Office CONSEQUENCE OF YOUR ACTIONS Not thoroughly
understanding the protest procedures and being uninformed of program needs and imp acts
could result in adverse impacts to the warfighter
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 103 Program Managerrsquos Office
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 106
Screen 104 COrsquos office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer
shall not award the contract until the SBA has made a size determination or after 15 business
days have expired whichever comes first However the Contracting Officer may award a
contract before an SBA determination is made when shehe makes a written determination
that award must be made to protect the public interest (FAR 19302(g)(1))
Connie Ok we wait for 15 business days That sounds much better Thanks - Proceed to
screen 107
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 105 Your office
FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Jenny Ok we wait for 15 business days Thanks - Proceed to screen 107
Screen 106 Program Managerrsquos office FEEDBACK After receiving a size protest involving a new procurement the Contracting Officer shall not award the contract until the SBA has made a size determination or after 15 business days have expired whichever comes first However the Contracting Officer may award a contract before an SBA determination is made when shehe makes a written determination that award must be made to protect the public interest (FAR 19302(g)(1))
Screen 107 Your office TWO DAYS LATER - Itrsquos been two days since your conversation with Jenny You notice that you have a new e-mail
To Acquisition Team Attachment Appeal Letter
From Grace CDI Contractor
Subject ELMO protest upheld
Hello
I just heard that ELMOs protest was upheld We believe the decision was based on erroneous information so we want to appeal Can you give me some guidance in the process for submitting an appeal
I have attached the appeal and size determination letters
Sincerely
Grace CDI Contractor
Activity 107-1 Your office
Question Grace What is the process for submitting an appeal for a size protest determination
Choice 1 IAW FAR 19302(h) an appeal may be filed with the SBA Office of Hearings and Appeals by any concern or interested party whose protest of the small business representation of another concern has been denied - Proceed to screen 111
Choice 2 An appeal may be filed by any concern or interested party to protest the small business representation of another concern to the Contracting Officer - Proceed to screen 108
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 108 Your office THREE DAYS LATER Connie comes by your office
Connie Hello there I just received the appeal from CDI through the mail channels and realized
that the protestor sent it to me in error I am having Jenny mail the appeal package back to CDI
Screen 109 Your office As you get back to your desk you notice that you have a voicemail
Grace Hello this is Grace from CDI Looks like I sent my appeal to the wrong location I was not
supposed to send it to the Contracting Officer I have re-sent the appeal to SBA OHA I hope
that its not too late because they will deny my appeal if untimely
Screen 110 Your office CONSEQUENCES OF YOUR ACTIONS Filing the appeal with the
Contracting Officer would result in lost time for the protestor because the appeal must be filed
with SBA OHA The concern encounters a greater risk of denial by SBA OHA if the appeal is not
filed within the time frame listed in Subpart C of 13 CFR 134
Screen 111 Your office The agency awaits confirmation from SBA OHA as to the standing of
the appeal and related impacts to the ongoing procurement You leave for the weekend
Screen 112 Your office FEEDBACK An appeal may be filed only when the small business
representation protest has been denied by the SBA Government Contracting Area Director and
within the time frames and in accordance with the procedures outlined in Subpart C of 13 CFR
Part 134 (IAW FAR 19302(h)) While a Contracting officer may file an appeal of their own the
concern or interested party must file the appeal to the SBA Office of Hearings and Appeals
(OHA) within the time frame and in accordance with the procedures listed in Subpart C of 13
CFR 134
Screen 113 Your office You return to the office on Monday morning You have a new e-mail
E-mail CDI appeal
To You SBP
From Connie Contracting Officer
Subject CDI Appeal
Hello
I would like to have a meeting with you and our lawyer Ian and Jenny to review the CDI size
appeal to the SBA Office of Hearings and Appeals Please check your calendar to see if you are
free tomorrow afternoon Let me know if you can make it
Sincerely
Connie
Contracting Officer
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 114 Conference room THE NEXT DAY - You Connie Jenny and the departmentrsquos
lawyer Ian are in a conference room
Ian Glad you could make the meeting We have been informed that Corporate Defenders is
appealing the SBAs decision Because of the potential impact the appeals process may have on
our current security guard services and before we make a decision on what we should do
about continuation of those services I would like to discuss the basis of the original size protest
by ELMO in the Corporate Defenders appeal to determine whether we think it will be denied
What was the basis of the original size protest by ELMO in the Corporate Defenders appeal
Screen 115 Conference room
Jenny The basis of the original protest is that Corporate Defenders Inc is affiliated with Rivers
under the ostensible subcontracting rule
Screen 116 Conference room
Connie Now that we have determined it is a size representation issue does this fall within the
affiliation under the ostensible subcontracting rule
Screen 117 Conference room
Ian The regulation defines an ostensible subcontractor as a subcontractor that performs
primary and vital requirements or when the prime contractor is unusually reliant upon the
subcontractor In this case CDI would be relying on the workforce and management of Rivers
to fulfill the requirements of the contract Therefore the combined size standards of CDI and
Rivers exceeds the size standard for this procurement according to 13 CFR 121103(h)(4)
Screen 118 Conference room
Connie The SBA Area Office found that under the ostensible subcontracting rule CDI was
considered a large business because of its affiliation with Rivers CDI appealed the ruling to the
SBA Office of Hearings and Appeals stating that CDI was not overly reliant on Rivers for
performing the contract and that CDI will serve as the prime contractor ELMO argued that
there is an ostensible subcontracting affiliation with CDI and Rivers and that Rivers is a large
business and thus CDI is ineligible for award What factors could lead to the appeal being
denied
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Activity 118-1 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 119
Choice 2 CFR 121103(h)(4) states only the terms of the proposal are applicable to determining
the teaming agreement between the prime and subcontractor - Proceed to screen 123
Choice 3 There is ostensible subcontracting based on the fact that the proposed subcontractor
is the incumbent contractor and thus ineligible for award the prime contractor proposed to
hire the majority of the workforce from the subcontractor the prime contractors proposed
program manager previously served as program manager for the subcontractor on incumbent
contract and the prime contractor lacked experience with projects of the magnitude required
of this procurement This makes the offeror ineligible for award - Proceed to screen 127
Screen 119 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Activity 118-2 Conference room
Question Connie What factors led to the appeal being denied
Choice 1 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Choice 2 CFR 121103(h)(4) states that only the terms of the proposal are applicable to
determining the teaming agreement between the prime and subcontractor - Proceed to screen
120
Screen 120 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Screen 121 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 122 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the prime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement - Proceed to screen 127
Screen 123 Conference room
Ian I believe this is an incorrect assumption All aspects of the relationship between CDI and
Rivers are to be considered
Activity 118-3 conference room
Question Ian What factors led to the appeal being denied
Choice 1 Rivers was a large business and thus ineligible for the award - Proceed to screen 124
Choice 2 There is ostensible subcontracting based on the fact that the proposed subcontractor
was the incumbent contractor and thus ineligible for award - Proceed to screen 127
Screen 124 Conference room
Ian I believe that is an incorrect assumption since Rivers was only going to perform 43 percent
of the work for a small business This alone would not make Rivers an ostensible subcontractor
Screen 125 Conference room
Connie Letrsquos reference back to the ruling and the reason why there was an ostensible
subcontract
Screen 126 Conference room
Connie It appears that there was ostensible subcontracting based on the fact that the
proposed subcontractor was the incumbent contractor and thus ineligible for award the prime
contractor proposed to hire the majority of the workforce from the subcontractor the p rime
contractors proposed program manager previously served as program manager for the
subcontractor on incumbent contract and the prime contractor lacked experience with
projects of the magnitude required of this procurement
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 127 Conference room
FEEDBACK CFR 121103(h)(4) states all aspects of the relationship between the prime and the
subcontractor are to be considered including but not limited to the terms of the proposal such
as contract management and the percentage of subcontract work agreement between the
prime and subcontractor and whether the subcontractor is the incumbent contractor and is
ineligible to submit a proposal because it exceeds the applicable size standard
Screen 128 Conference room
Connie I think we are good here Thank you for meeting Talk to you later
Screen 129 Conference room
SUMMARY Small Businesses are subject to a size protest on a small business set-aside before
award of a contract The SBA will normally make a determination of size status within 15 days
of receipt of protest To be considered by the SBA it is necessary that the protest be specific
and timely
FAR 19302 and 13 CFR Part 121 provide the specific rules for submitting a size representation
An appeal can be made to the SBA Office of Hearing and Appeals for re-consideration of an SBA
Area Office size protest decision In determining size protests the SBA will consider receipts
number of employees and affiliations of the protested concerns In examining affiliations the
SBA will look for an ostensible subcontracting relationship in which the subcontractor that
performs primary and vital requirements of a contract or a subcontractor upon which the prime
contractor is unusually reliant
If affiliation is found and the prime and the sub are considered large due then award cannot
be made If a size protest is not submitted timely or does not contain sufficient information to
make a size determination the protest will be dismissed The SBP role is to ensure that the
organization is aware of the regulations governing the SBA size protests
When a Small Business size representation protest andor an appeal to a size protest is
received the SBPs role is to advise and assist the acquisition team and Contracting Officer with
interpretation and application of corresponding FAR Part 19 and SBA 13 CFR requirements The
SBP may also advise the offeror or contractor on the procedures for submitting a protest prior
to issuing a solicitation After the solicitation has been issued all communication must be
through the Contracting Officer While this scenario discusses the procedures for a small
business representation protest the SBP needs to be aware that the socio-economic programs
ie HUBZones SDVOSB 8(a) and WOSB each have slightly different procedures which are set-
forth in FAR Part 19 Close attention must be made to both the applicable FAR Part 19 and SBA
13 CFR 121 requirements to provide proper advice and guidance on each type of protest and
appeal
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
Screen 130 Conference room This concludes the simulation The After Action Report (AAR) has
been created Download the AAR and review your performance in the simulation
After viewing the AAR use the browser close button to close this simulation and return to
screen 3 in the Size Protest lesson to complete this lesson
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Pr otest Simulation RESOURCES I PRINT I HELP
Summary
I Poge 5 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES 1 PRINT 1 HELP
Summary
Closed Captioning Congratulations you have completed the Size Protest Simulation During this simulation you participated in activities common to interpreting data to verify the size of a small business Ensure that you review your After Action Report and if you did not respond correctly to all activities consider going through the simula tion again
I Pogo 5of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business lesson 11 - Size Protest Simulation RESOURCES I PRINT I HELP
Summary
Poge 5of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next
SBP220 Business Decisions for Small Business Lesson 11 - Size Pr otest Simulation RESOURCES j PRINT j HElP
Lesson Completion
You have comple ted the con tent for this lesson
To continue select another lesson from the Table of Con tents on the le f t
If you have closed or hidden the Table of Contents select the Show T OC button at the t op in the Atlas navigation bar
~ I P o ge 6 of6 I Back Next