Frequently Asked Questions

DISCLAIMER: We provide this FAQ page to help you prepare your SDVO Appeal. It is not intended to provide all possible information regarding SDVO Appeals.

1.  What is a Service-Disabled Veteran Owned (SDVO) Appeal?

An SDVO Appeal is an appeal to the SBA's Office of Hearings and Appeals (OHA) from a formal SDVO Small Business Concern (SBC) Protest Determination. A formal SDVO SBC Protest Determination is made by SBA's Director, Office of Government Contracting.

2.  I want to file an SDVO Appeal.  What must I do?

Read the applicable regulations governing SDVO Appeals. For hotlinks to these regulations, click here. These regulations are written in plain language.

• Compose your argument as to why you think the formal SDVO SBC Protest Determination is wrong.  Use the program regulations (especially those governing SDVO eligibility at 13 C.F.R. Part 125) and OHA's past SDVO Decisions to help you formulate your legal argument.  Cite particular regulatory sections by number, and cite particular OHA decisions by case name and 3-digit decision number.  For hotlinks to the SDVO program regulations, click here. These regulations are written in plain language. To search OHA's past SDVO Decisions, click here.

Prepare your SDVO Appeal according to 13 C.F.R. Section 134.505. Also, prepare a signed certificate of service stating to whom you served copies of your Appeal, the method used, and the date.   For a sample certificate of service, click here.  

• Serve a copy of your Appeal and a copy of the certificate of service to all parties as directed in Sections 134.505 and 134.204. Please do this by FAX if possible.
  
• File your Appeal (and your certificate of service) ON TIME.  See 13 C.F.R. Section 135.503. OHA Judges MUST dismiss untimely SDVO Appeals. Please file by FAX if possible.

3.  What else must I include with my SDVO Appeal?

Please file and serve a copy of the formal SDVO SBC Protest Determination letter which you are appealing. Note: It is NOT necessary to file and serve copies of the materials you submitted to the Director, Office of Government Contracting at the protest level. The SBA will send a copy of the entire Protest File to OHA in accordance with Section 134.507.

4.  I have filed my SDVO Appeal.  Now what happens?

The OHA Judge assigned to your Appeal will issue a Docketing Notice and Order setting the close of record.  If you don't receive the Docketing Notice and Order within a few days, call OHA at (202) 401-8200. The Judge will decide the case and issue a written decision based on the record.

5.  What happens after the OHA Judge has issued the decision?

The OHA Judge's decision is the final decision of the SBA and is binding on all parties.  See 13 C.F.R. Sections 134.515 and 125.28.