SDVOSB Status Protest Filing Deadline
A status protest is how a competitor — or the contracting officer — challenges whether the apparent awardee really qualifies as an SDVOSB. The window to file is short and unforgiving: miss it and SBA dismisses the protest as untimely without reaching the merits. The same clock works for you and against you, so whether you are filing a protest or defending against one, the dates control. SDVOSB status protests are decided by SBA, with an appeal path to its Office of Hearings and Appeals (OHA).
The Deadline
File within 5 business days
What Starts the Clock
Notification of the apparent successful offeror (negotiated procurement) or bid opening (sealed bidding).
Who Has To Track This
- SDVOSBs considering a protest against an apparent awardee's status
- Apparent awardees who must respond to a protest on a tight reply schedule
- Contracting officers and counsel tracking protest timeliness
Key Dates
- 5 business days
File a status protest within five business days of the triggering event.
For a negotiated procurement, the protest is generally due within five business days after the contracting officer notifies offerors of the apparent successful offeror; for sealed bidding, within five business days after bid opening (13 CFR Part 134, Subpart J; the SDVOSB set-aside clause, FAR 52.219-27).
- Per SBA notice
Respond to a protest by the deadline SBA sets.
Once SBA forwards a protest to the challenged firm, it sets a short deadline (often a few business days) to submit a response and supporting documents. Missing it can result in a decision on the record as it stands.
- Per the decision
Appeal an adverse SBA determination to OHA within the appeal window.
An SBA status determination can be appealed to the Office of Hearings and Appeals within the timeframe stated in the decision and the governing rules (13 CFR Part 134). Confirm the exact appeal deadline in your determination letter.
If You Miss It
- A protest filed even one day late is dismissed as untimely — the merits are never reached.
- An apparent awardee that misses the response deadline may have its status decided on an incomplete record.
- Missing the OHA appeal window forecloses review of an adverse determination.
Frequently Asked
How long do I have to file an SDVOSB status protest?
Generally five business days. For a negotiated procurement, the protest is due within five business days after the contracting officer notifies offerors of the apparent successful offeror; for sealed bidding, within five business days after bid opening. A late protest is dismissed as untimely (13 CFR Part 134, Subpart J).
Who decides an SDVOSB status protest?
The SBA decides SDVOSB status protests, with an appeal path to its Office of Hearings and Appeals (OHA). The contracting officer forwards a timely protest to SBA, which determines whether the challenged firm qualifies as an SDVOSB (13 CFR Part 134).
What happens if I miss the protest deadline?
The protest is dismissed as untimely and the merits are never considered. The five-business-day window is strict, so a competitor who wants to challenge an award — or a firm that needs to defend its status — has to act immediately on the triggering notice.
Primary Sources
- 13 CFR Part 134, Subpart J — SDVOSB status protests and appeals
- FAR 52.219-27 — Notice of Set-Aside for SDVOSB Concerns
Planning aid, not legal advice. SDVOSB rules are still settling after the 2023 transfer of certification to the SBA, and several of these windows are stated in business days or run from a procurement-specific event — verify the exact deadline against the cited authority, your solicitation, and your contracting officer before relying on it.
Change log (1)
- LaunchedPublished the compliance deadline reference covering the SAM.gov annual renewal, the three-year VetCert certification term, long-term-contract recertification windows, the SDVOSB status-protest filing deadline, and the date set-aside eligibility is measured — each with an ItemList of key dates plus FAQPage, Dataset, and BreadcrumbList structured data, primary-source citations, and cross-links into the how-to guides, regulation explainers, compliance checklists, glossary, and FAQ.