[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: 13CFR125.23]



[Page 442-443]

 

                TITLE 13--BUSINESS CREDIT AND ASSISTANCE

 

                CHAPTER I--SMALL BUSINESS ADMINISTRATION

 

PART 125_GOVERNMENT CONTRACTING PROGRAMS--Table of Contents

 

                  Subpart C_Contracting with SDVO SBCs

 

Sec. 125.23  What is the process for such an appeal?



    (a) Notice of appeal. When the contacting officer rejects a 

recommendation by SBA's Procurement Center Representative to make a 

requirement available for award as an SDVO contract, he or she must 

notify the Procurement Center Representative as soon as practicable. If 

the Administrator intends to appeal the decision, SBA must notify the 

contracting officer no later than five business days after receiving 

notice of the contracting officer's decision.

    (b) Suspension of action. Upon receipt of notice of SBA's intent to 

appeal, the contracting officer must suspend further action regarding 

the procurement until the Secretary of the department or head of the 

agency issues a written



[[Page 443]]



decision on the appeal, unless the Secretary of the department or head 

of the agency makes a written determination that urgent and compelling 

circumstances which significantly affect the interests of the United 

States compel award of the contract.

    (c) Deadline for appeal. Within 15 business days of SBA's 

notification to the CO, SBA must file its formal appeal with the 

Secretary of the department or head of the agency, or the appeal will be 

deemed withdrawn.

    (d) Decision. The Secretary of the department or head of the agency 

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

under this section.