[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 13CFR124.505]



[Page 394-395]

 

                TITLE 13--BUSINESS CREDIT AND ASSISTANCE

 

                CHAPTER I--SMALL BUSINESS ADMINISTRATION

 

PART 124_8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 

DETERMINATIONS--Table of Contents

 

                   Subpart A_8(a) Business Development

 

Sec. 124.505  When will SBA appeal the terms or conditions of a 

particular 8(a) contract or a procuring activity decision not to 

reserve a requirement for the 8(a) BD program?



    (a) What SBA may appeal. The Administrator of SBA may appeal the 

following matters to the head of the procuring agency:

    (1) A contracting officer's decision not to make a particular 

procurement available for award as an 8(a) contract;

    (2) A contracting officer's decision to reject a specific 

Participant for award of an 8(a) contract after SBA's acceptance of the 

requirement for the 8(a) BD program; and



[[Page 395]]



    (3) The terms and conditions of a proposed 8(a) contract, including 

the procuring activity's SIC code designation and estimate of the fair 

market price.

    (b) Procedures for appeal. (1) SBA must notify the contracting 

officer of the SBA Administrator's intent to appeal an adverse decision 

within 5 working days of SBA's receipt of the decision.

    (2) Upon receipt of the notice of intent to appeal, the procuring 

activity must suspend further action regarding the procurement until the 

head of the procuring agency issues a written decision on the appeal, 

unless the head of the procuring agency makes a written determination 

that urgent and compelling circumstances which significantly affect 

interests of the United States will not permit waiting for a 

consideration of the appeal.

    (3) The SBA Administrator must send a written appeal of the adverse 

decision to the head of the procuring agency within 15 working days of 

SBA's notification of intent to appeal or the appeal may be considered 

withdrawn.

    (4) By statute (15 U.S.C. 637(a)(1)(A)), the procuring agency head 

must specify in writing the reasons for a denial of an appeal brought by 

the Administrator under this section.