[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR125.27]

[Page 446]
 
                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.  125.27  How will SBA process an SDVO protest?

    (a) Notice of receipt of protest. Upon receipt of the protest, SBA 
will notify the contracting officer and the protester of the date SBA 
received the protest and whether SBA will process the protest or dismiss 
it under paragraph (b) of this section.
    (b) Dismissal of protest. If SBA determines that the protest is 
premature, untimely, nonspecific, or is based on non-protestable 
allegations, SBA will dismiss the protest and will send the contracting 
officer and the protester a notice of dismissal, citing the reason(s) 
for the dismissal. The dismissal notice must also advise the protester 
of his/her right to appeal the dismissal to SBA's Office of Hearings and 
Appeals (OHA) in accordance with part 134 of this chapter.
    (c) Notice to protested concern. If SBA determines that the protest 
is timely, sufficiently specific and is based upon protestable 
allegations, SBA will:
    (1) Notify the protested concern of the protest and of its right to 
submit information responding to the protest within ten business days 
from the date of the notice; and
    (2) Forward a copy of the protest to the protested concern, with a 
copy to the contracting officer if one has not already been made 
available.
    (d) Time period for determination. SBA will determine the SDVO SBC 
status of the protested concern within 15 business days after receipt of 
the protest, or within any extension of that time which the contracting 
officer may grant SBA. If SBA does not issue its determination within 
the 15-day period, the contracting officer may award the contract, 
unless the contracting officer has granted SBA an extension.
    (e) Award of contract. The CO may award the contract after receipt 
of a protest if the contracting officer determines in writing that an 
award must be made to protect the public interest.
    (f) Notification of determination. SBA will notify the contracting 
officer, the protester, and the protested concern in writing of its 
determination.
    (g) Effect of determination. SBA's determination is effective 
immediately and is final unless overturned by OHA on appeal. If SBA 
sustains the protest, and the contract has not yet been awarded, then 
the protested concern is ineligible for an SDVO SBC contract award. If a 
contract has already been awarded, and SBA sustains the protest, then 
the contracting officer cannot count the award as an award to an SDVO 
SBC and the concern cannot submit another offer as an SDVO SBC on a 
future SDVO SBC procurement unless it overcomes the reasons for the 
protest (e.g., it changes its ownership to satisfy the definition of an 
SDVO SBC set forth in Sec.  125.8).

[70 FR 14528, Mar. 23, 2005]