On June 11, 2019, the SBA Office of Hearings and Appeals dismissed a Service Disabled Veteran Owned Small Business (“SDVOSB”) status protest as untimely. In the Matter of Fairwater Associates, SBA No. Vet-280 (June 11, 2019)
To be timely, an SDVOSB status protest must be filed within 5 business days after the contracting officer provides notification of the apparent awardee. 13 C.F.R. § 125.28(d)(1) Any protest submitted after that is untimely, unless the protest is from the SBA or the Contracting Officer. 13 C.F.R. § 125.28(d)(3)
On April 1, 2019, the Department of Energy (“DOE”) notified Fairwater that L.E. Peabody was the apparent awardee. Fairwater ask for a debriefing on April 4, 2019. The DOE provided a debrief on April 9, 2019. Fairwater filed a SDVOSB protest on April 11, 2019, but it was too late. The fact that Fairwater received a debriefing did not extend the 5-day period to file an SDVOSB protest.
Lesson Learned: Always file an SDVOSB type protest within 5 business days after you are told who is going to get the award. Do not wait to file until after a debriefing. It could be too late by then.
