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Service-Disabled Veteran-Owned Small Business Concern (SDVO SBC) Appeals

  

  1. What is the time limit for filing an appeal of an SDVO SBC protest determination?

You must file your SDVO SBC appeal with OHA within 10 business days of receiving the protest determination.  13 C.F.R. § 134.503.  OHA must receive your appeal by 5 pm EST on the tenth business day.

  1. Where must I file my appeal? 

You must file your appeal with OHA by email at ohafilings@sba.gov or by fax at (202) 205-7059.  Please call us at (202) 401-8200 to verify receipt. 

  1. What else must I do? 

In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to:

  • SBA’s Director, Office of Government Contracting;
  • The contracting officer responsible for the procurement;
  • The protested business or the protestor; and
  • SBA’s Office of Procurement Law, 13 C.F.R. § 134.505(b) 
  1. What must I include with my appeal? 
  • A certificate of service.  13 C.F.R. § 134.204(d).  The certificate of service shows that you sent a copy of your appeal to the people in the paragraph above.  Here is a sample certificate of service for an SDVO SBC appeal. 
  • A copy of the protest determination. 
  1. What must I put in my appeal? 
  • The solicitation number;
  • The contracting officer’s name and contact information;
  • Your name and contact information; and
  • A statement explaining why the protest determination is based on a clear error of fact or law. 
  1. What rules and regulations will OHA use when deciding my appeal, and where can I find them? 

SDVO SBC program regulations are at 13 C.F.R. part 125.  OHA’s SDVO SBC regulations are available at 13 C.F.R. §§ 134.501-515.  You may search OHA’s decisions interpreting these regulations in our database and cite to these decisions in your appeal. 

  1. I have filed my SDVO SBC appeal. Now what happens?

The OHA judge assigned to your appeal will issue a notice and order setting a date for the close of record.  All arguments and supporting documents must be received at OHA by this date.  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 within 15 business days of the close of record.

 

DISCLAIMER: WE PROVIDE THIS LIMITED INFORMATION TO HELP SMALL BUSINESSES FILE AN SDVO SBC APPEAL.  COMPLETE INFORMATION IS AVAILABLE AT 13 C.F.R. PART 125 AND 13 C.F.R. §§ 134.121-229 and 501-16.