Size Appeal of Chenega Support Services, LLC, SBA No. SIZ-5874 (2017)

PilieroMazza successfully defended a size appeal before the SBA’s Office of Hearings and Appeals (“OHA”), allowing the awardee to maintain an important contract award. The Air Force awarded the contract in December 2016. No size protests were filed, but two competitors filed bid protests with GAO. In response to the bid protests, the Air Force took corrective action but did not terminate the contract. In October 2017, the Air Force completed its corrective action and confirmed the original contract award. A competitor subsequently filed a size protest against the awardee. SBA dismissed the size protest as untimely, concluding that because the original contract award was not terminated, and no size protest was filed within five days after the original notice of award, it was too late for the protester to file a size protest after the conclusion of corrective action approximately 10 months later. The protester appealed, but OHA agreed with SBA finding that it was too late to file a size protest because the contract was not terminated during the corrective action. Click here to read the decision.