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In a size protest, respond to SBA’s requests or there could be an adverse inference

March 30, 2021 By Nancy Cleveland

The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding appeals of contractor’s size protests in connection with set-asides or other size issues.  In response to a size protest, an Area Office of SBA requests the protested concern to submit an SBA Form 355 (detailed information on the protested concern) and other information, including a response to a protest.  Contractors are required to respond or are likely to suffer from their nonresponse.  Size Appeal of Apogee Engineering, LLC, SBA No. SIZ-6078, Nov. 5, 2020, is an excellent example of the fate of a protested concern that failed to respond and was unable to successfully defend against a size appeal because of an adverse inference.

Continue reading at:  Public Contracting Institute

Filed Under: Contracting Tips Tagged With: SBA OHA, size protest

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