DISCLAIMER: WE PROVIDE THIS INFORMATION ON OUR HOME PAGE TO FACILITATE THE PREPARATION OF AN APPEAL. THE INFORMATION IS NOT INTENDED TO PROVIDE ALL AVAILABLE INFORMATION REGARDING APPEALS.
For the most up-to-date versions of the regulations cited here, please visit http://ecfr.gpoaccess.gov/
1. What is a Service-Disabled Veteran-Owned Small Business Concern (SDVO SBC) Appeal?
SBA, the contracting officer, or an interested party may protest a successful offeror’s or awardee’s SDVO SBC veteran status or the veteran’s ownership and control of the SDVO SBC. In response to the protest, SBA’s Director, Office of Government Contracting, will issue a formal SDVO SBC determination. The protested concern, the protestor, or the contracting officer may file an appeal of the SDVO SBC determination with OHA explaining why the SDVO SBC protest determination is based on a clear error of fact or law.
2. What is the time limit for filing an SDVO SBC appeal?
An SDVO SBC appeal must be filed within 10 business days after receiving the SDVO SBC protest determination. 13 C.F.R. § 134.503.
3. I want to file an SDVO SBC appeal. What must I do?
No specific format is required for an SDVO SBC appeal. However, an appeal must include: the solicitation or contract number and the contracting officer’s contact information; a copy of the SDVO SBC protest determination being appealed and the date the determination was received; a statement explaining why the SDVO SBC protest determination is based on a clear error of fact or law; the appellant’s contact information and signature; and a certificate of service. 13 C.F.R. § 134.505. Use the program regulations found at 13 C.F.R. part 125 and OHA’s past SDVO SBC decisions to help you formulate your legal argument.
4. To whom must I send a copy of the appeal petition?
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to: (1) SBA’s Director, Office of Government Contracting; (2) the contracting officer responsible for the procurement; (3) the protested business or the protestor; and (4) SBA’s Office of Procurement Law. 13 C.F.R. § 134.505(b).
5. I have filed my SDVO SBC appeal. Now what happens?
The OHA judge assigned to your SDVO SBC appeal will issue a notice and order setting the close of record. If you do not receive a 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.
6. 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. 13 C.F.R. §§ 125.28 and 134.515.
Program Regulations and Rules of Procedure
Please visit http://ecfr.gpoaccess.gov to find the most up-to-date regulations. The SDVO program regulations are found at Title 13 of the Code of Federal Regulations, Part 125. OHA’s procedural rules are found at Title 13 of the Code of Federal Regulations, Part 134.
Sample Certificate of Service
To view a sample SDVO SBC appeal certificate of service, click here.