SBA size protest deadlines

The core rule

Paragraph (a) of 13 CFR 121.1004 sets the time limit for protests by offerors and other interested parties. For sealed bids and sales, the protest must be received by the contracting officer before close of business on the 5th day after bid opening, not counting Saturdays, Sundays and legal holidays. For negotiated procurements the clock starts when the contracting officer notifies the protestor of the identity of the prospective awardee. The word that matters is "received": the rule is about when the contracting officer has the protest, not when you mailed it. The date counter above counts business days from a start date you supply and skips weekends and any holidays you list; the day you start from is day zero, so the first business day after it is day one.

What starts the clock in different cases

The regulation names several triggers beyond a plain bid opening. If the apparent low bidder is found ineligible, a protest of the next low bidder is due within five business days after the contracting officer notifies interested parties of that bidder's identity. Orders count too: protests are timely within five business days when the order is set aside for small business under a multiple award contract that was awarded unrestricted, and when the contracting officer asked for a new size certification for the order, with exceptions for Federal Supply Schedule orders. For contracts longer than five years, including options, protests of the size certification for the contract run five business days from notice of the identity of the prospective awardee or award, and for an option period from notice of the size certification made for that option. Notice can be in writing, oral or an electronic posting. If an award is announced by posting on the Internet, the five days run from the posting. If no written notice is required or the contracting officer fails to give it, the clock starts on oral or other notification of the apparent successful offeror's identity, such as a public announcement.

Who may file at all

Timing is only half of it. Under 121.1001(a)(1), for a small business set-aside, the people who may protest include any offeror the contracting officer has not eliminated for a procurement-related reason, the contracting officer, specified SBA officials, and other interested parties, which include large businesses where only one concern submitted an offer. A concern found other than small in the procurement is not an interested party unless only one offeror remains. Competitive 8(a), subcontracting, SBIR/STTR and HUBZone procurements have their own lists in the same section. Under 121.1004(f), a party with standing may protest only the apparent successful offeror or an offeror in line to receive an award.

Who is exempt from the five-day limit

Contracting officers, funding agreement officers and SBA are not bound by the paragraph (a) limits and may file before or after award, subject to the premature protest rule in paragraph (e) (for SBIR and STTR, the funding agreement officer or SBA may file in anticipation of an award). A timely protest applies to the procurement in question even if the contracting officer awarded the contract before receiving it (paragraph (c)). A protest received after the allotted time must still be forwarded to SBA, but SBA will dismiss it as untimely (paragraph (d)).

Premature protests and corrective action

A protest filed before bid opening or before offerors are told who the apparent successful offeror is will be dismissed as premature, so filing early does not preserve your position; wait until the trigger and then count. If an agency takes corrective action after an ordinary bid protest and re-evaluates offers, SBA will generally dismiss a size protest about the original apparent successful offeror. It will complete the size determination only if the agency asks in writing within two business days of telling SBA about the corrective action and shows that the apparent successful offeror will not change (and the protest does not involve size issues determined at the date of final proposal revision). When the apparent successful offeror is announced after re-evaluation, interested parties get a fresh five business days.

Worked example

A contracting officer notifies you on Monday, November 9, 2026 of the awardee in a negotiated procurement. Counting from the next day: Tuesday the 10th is day one. Wednesday the 11th is a federal holiday (Veterans Day) and is skipped, so Thursday the 12th is day two, Friday the 13th day three, Monday the 16th day four and Tuesday the 17th day five. The protest must be received by close of business on November 17. Without the holiday the same count would end on Monday, November 16. Enter the dates in the counter to reproduce both results.

What the rule does not say

The text does not list which days are legal holidays, so confirm the list for your location and the contracting officer's business hours. It does not make an email or fax effective by itself; follow the solicitation's instructions on where and how the contracting officer receives protests. The calculator is arithmetic only and is not a substitute for checking the notice date.

Sources

• 13 CFR 121.1004 (eCFR, issue date 2026-10-29): What time limits apply to size protests? Read November 2, 2026.
• 13 CFR 121.1001 (eCFR, issue date 2026-10-29): Who may initiate a size protest or request a formal size determination? Read November 2, 2026.

Edition read: 13 CFR part 121 as published in the eCFR, current to the issue date October 29, 2026 (read November 2, 2026). Regulations change; check the current eCFR text and the solicitation or loan program rules that govern your situation. This page explains the regulation in plain language and does not replace it. Review needed: business-law YMYL page, not yet reviewed by a qualified professional.