[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR125.25]

[Page 439-440]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 125--GOVERNMENT CONTRACTING PROGRAMS--Table of Contents
 
                Subpart D--Protests Concerning SDVO SBCs
 
Sec. 125.25  How does one file a service disabled veteran-owned status protest?

    (a) General. The protest procedures described in this part are 
separate from those governing size protests and appeals. All protests 
relating to whether an eligible SDVO SBC is a ``small'' business for 
purposes of any Federal program are subject to part 121 of this chapter 
and must be filed in accordance with that part. If a protester protests 
both the size of the SDVO SBC and whether the concern meets the SDVO SBC 
requirements set forth in Sec. 125.15, SBA will process each protest 
concurrently, under the procedures set forth in part 121 of this chapter 
and this part. SBA does not review issues concerning the administration 
of an SDVO contract.
    (b) Format. Protests must be in writing and must specify all the 
grounds upon which the protest is based. A protest merely asserting that 
the protested concern is not an eligible SDVO SBC, without setting forth 
specific facts or allegations is insufficient.
    (c) Filing. An interested party, other than the contracting officer 
or SBA,

[[Page 440]]

must deliver their protests in person, by facsimile, by express delivery 
service, or by U.S. mail (postmarked within the applicable time period) 
to the contracting officer. The contracting officer or SBA must submit 
their written protest directly to the Associate Administrator for 
Government Contracting.
    (d) Timeliness. (1) For negotiated acquisitions, an interested party 
must submit its protest by close of business on the fifth business day 
after notification by the contracting officer of the apparent successful 
offeror.
    (2) For sealed bid acquisitions, an interested party must submit its 
protest by close of business on the fifth business day after bid 
opening.
    (3) Any protest submitted after the time limits is untimely, unless 
it is from SBA or the CO.
    (4) Any protest received prior to bid opening or notification of 
intended awardee, whichever applies, is premature.
    (e) Referral to SBA. The contracting officer must forward to SBA any 
nonpremature protest received, notwithstanding whether he or she 
believes it is sufficiently specific or timely. The contracting officer 
must send all protests, along with a referral letter, directly to the 
Associate Administrator for Government Contracting, U.S. Small Business 
Administration, 409 Third Street, SW., Washington, DC 20416 or by fax to 
(202) 205-6390, marked Attn: Service-Disabled Veteran Status Protest. 
The CO's referral letter must include information pertaining to the 
solicitation that may be necessary for SBA to determine timeliness and 
standing, including: the solicitation number; the name, address, 
telephone number and facsimile number of the CO; whether the contract 
was sole source or set-aside; whether the protester submitted an offer; 
whether the protested concern was the apparent successful offeror; 
whether the procurement was conducted using sealed bid or negotiated 
procedures; the bid opening date, if applicable; when the protest was 
submitted to the CO; and whether a contract has been awarded.