13 C.F.R. § 121.1005
How must a protest be filed with the contracting officer?
A protest must be delivered to the contracting officer by hand, telegram, mail, facsimile, Federal Express or other overnight delivery service, e-mail, or telephone. If a protest is made by telephone, the contracting officer must later receive a confirming letter either within the 5-day period in § 121.1004(a)(1) or postmarked no later than one day after the date of the telephone protest.
Notes of Decisions
Cited in 3
cases, 2002–2020 · leading case: Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002).
Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). “1001(a)(1); 13 C.F.R. § 121.1005 ; FAR 19.302. The protester in that size protest gratuitously suggested that the company awarded the contract would not have been eligible for award pursuant to NAICS code 562119.”
Safeguard Base Operations, LLC v. United States (Fed. Cl. 2019). “1003 (2019); see also 13 C.F.R. § 121.1005 (2019). “The responsible Government Contracting Area Director or designee makes all formal size determinations in response to either a size protest or a request for a formal size determination, with the exception of size determinations…”
Harmonia Holdings Grp., LLC v. United States (Fed. Cl. 2020). “1003 (2019); see also 13 C.F.R. § 121.1005 (2019). In addition, the SBA’s regulations for a size protest make plain, [a]ppeals from formal size determinations may be made to OHA.”
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