[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.505]

[Page 357-358]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
               Subpart 19.5--Set-Asides for Small Business
 
Sec. 19.505  Rejecting Small Business Administration recommendations.

    (a) If the contracting officer rejects a recommendation of the SBA 
procurement center representative or breakout procurement center 
representative, written notice shall be furnished to the appropriate SBA 
center representative within 5 working days of the contracting officer's 
receipt of the recommendation.
    (b) The SBA procurement center representative may appeal the 
contracting officer's rejection to the head of the contracting activity 
(or designee) within 2 working days after receiving the notice. The head 
of the contracting activity (or designee) shall render a decision in 
writing, and provide it to the SBA representative within 7 working days. 
Pending issuance of a decision to the SBA procurement center 
representative, the contracting officer shall suspend action on the 
acquisition.
    (c) If the head of the contracting activity agrees that the 
contracting officer's rejection was appropriate--
    (1) Within 1 working day, the SBA procurement center representative 
may request the contracting officer to suspend action on the acquisition 
until the SBA Administrator appeals to the agency head (see paragraph 
(f) of this section); and
    (2) The SBA must be allowed 15 working days after making such a 
written request, within which the Administrator of SBA--
    (i) May appeal to the Secretary of the Department concerned; and
    (ii) Must notify the contracting officer whether the further appeal 
has, in fact, been taken. If notification is not received by the 
contracting officer within the 15-day period, it is deemed that the SBA 
request to suspend the contract action has been withdrawn and that an 
appeal to the Secretary was not taken.
    (d) When the contracting officer has been notified within the 15-day 
period that the SBA has appealed to the agency head, the head of the 
contracting activity (or designee) shall forward justification for its 
decision to the agency head. The contracting officer shall suspend 
contract action until notification is received that the SBA appeal has 
been settled.
    (e) The agency head shall reply to the SBA within 30 working days 
after receiving the appeal. The decision of the agency head shall be 
final.

[[Page 358]]

    (f) A request to suspend action on an acquisition need not be 
honored if the contracting officer determines that proceeding to 
contract award and performance is in the public interest. The 
contracting officer shall include in the contract file a statement of 
the facts justifying the determination, and shall promptly notify the 
SBA representative of the determination and provide a copy of the 
justification.

[60 FR 48261, Sept. 18, 1995, as amended at 67 FR 13054, Mar. 20, 2002]