13 CFR 121.1007 - Must a protest of size status relate to a particular procurement and be specific?

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§ 121.1007 Must a protest of size status relate to a particular procurement and be specific?
(a) Particular procurement. 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.
(b) A protest must include specific facts. A protest must be sufficiently specific to provide reasonable notice as to the grounds upon which the protested concern's size is questioned. Some basis for the belief or allegation stated in the protest must be given. A protest merely alleging that the protested concern is not small or is affiliated with unnamed other concerns does not specify adequate grounds for the protest. No particular form is prescribed for a protest. Where materials supporting the protest are available, they should be submitted with the protest.
(c) Non-specific protests will be dismissed. Protests which do not contain sufficient specificity will be dismissed by SBA. The following are examples of allegation specificity:
Example 1:
An allegation that concern X is large because it employs more than 500 employees (where 500 employees is the applicable size standard) without setting forth a basis for the allegation is non-specific.
Example 2:
An allegation that concern X is large because it exceeds the 500 employee size standard (where 500 employees is the applicable size standard) because a higher employment figure was published in publication Y is sufficiently specific.
Example 3:
An allegation that concern X is affiliated with concern Y without setting forth any basis for the allegation is non-specific.
Example 4:
An allegation that concern X is affiliated with concern Y because Mr. A is the majority shareholder in both concerns is sufficiently specific.
Example 5:
An allegation that concern X has revenues in excess of $5 million (where $5 million is the applicable size standard) without setting forth a basis for the allegation is non-specific.
Example 6:
An allegation that concern X exceeds the size standard (where the applicable size standard is $5 million) because it received Government contracts in excess of $5 million last year is sufficiently specific.
[61 FR 3286, Jan. 31, 1996, as amended at 69 FR 29206, May 21, 2004]

Title 13 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 13.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-06-12; vol. 79 # 113 - Thursday, June 12, 2014
    1. 79 FR 33647 - Small Business Size Standards: Inflation Adjustment to Monetary Based Size Standards
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      SMALL BUSINESS ADMINISTRATION
      Interim Final Rule with request for comments.
      Effective Date: This rule is effective July 14, 2014. Comment Date: Comments must be received on or before August 11, 2014.
      13 CFR Part 121

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United States Code

Title 13 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR 121 after this date.

  • 2014-06-25; vol. 79 # 122 - Wednesday, June 25, 2014
    1. 79 FR 35963 - Advisory Small Business Size Decisions
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      SMALL BUSINESS ADMINISTRATION
      Proposed rule.
      Comments must be received on or before August 25, 2014.
      13 CFR Part 121