[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.505]



[Page 369]

 

            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request to suspend the contract action has been withdrawn and that an 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.

    (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]