[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: 13CFR124.517]



[Page 404-405]

 

                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. 124.517  Can the eligibility or size of a Participant for award 

of an 8(a) contract be questioned?



    (a) The eligibility of a Participant for a sole source or 

competitive 8(a) requirement may not be challenged by another 

Participant or any other party, either to SBA or any administrative 

forum as part of a bid or other contract protest.

    (b) The size status of the apparent successful offeror for a 

competitive 8(a) procurement may be protested pursuant to Sec. 

121.1001(a)(2) of this chapter. The size status of a nominated 

Participant for a sole source 8(a) procurement may not be protested by 

another Participant or any other party.

    (c) A Participant cannot appeal SBA's determination not to award it 

a specific 8(a) contract because the concern lacks an element of 

responsibility or is ineligible for the contract, other than the right 

set forth in Sec. 124.501(h) to request a formal size determination 

where SBA cannot verify it to be small.

    (d)(1) The SIC code assigned to a sole source 8(a) requirement may 

not be challenged by another Participant or any other party either to 

SBA or any administrative forum as part of a bid or contract protest. 

Only the AA/8(a)BD may appeal a SIC code designation with respect to a 

sole source 8(a) requirement.

    (2) In connection with a competitive 8(a) procurement, any 

interested party who has been adversely affected by a SIC code 

designation may appeal the



[[Page 405]]



designation to SBA's OHA pursuant to Sec. 121.1103 of this title.

    (e) Anyone with information questioning the eligibility of a 

Participant to continue participation in the 8(a) BD program or for 

purposes of a specific 8(a) contract may submit such information to SBA 

under Sec. 124.112(c).