[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: 13CFR125.25]



[Page 443-444]

 

                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(a), 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. Example: A protester 

submits a protest stating that the awardee's owner is not a service-

disabled veteran. The protest does not state any basis for this 

assertion. The protest allegation is insufficient.

    (c) Filing. An interested party, other than the contracting officer 

or SBA, 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 

non-premature 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



[[Page 444]]



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; when the protested concern submitted its 

offer (i.e., made the self-representation that it was a SDVO SBC); 

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; when the protester received notification about the 

apparent successful offeror, if applicable; and whether a contract has 

been awarded.



[69 FR 25269, May 5, 2004, as amended at 70 FR 14527, Mar. 23, 2005]