Can a SDVOSB decision be appealed?
Yes, but all appeals must be submitted to SBA’s Office of Hearings and Appeals in writing within ten business days of the date of receipt of a determination. (See 13 C.F.R. §125.27).
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Does the Contracting Officer have the authority to reject an SDVOSB offeror?
No Contracting Officer has the authority to reject an offeror based on his or her own SDVOSB status determination. SDVOSB status protests are decided by the SBA Director for Government Contracting. However, a solicitation may require bidders to provide proof that the veteran owner possesses a service-connected disability that has been recognized by a cognizant authority (e.g., a copy…
Is a Contracting Officer (CO) an interested party?
A Contracting Officer is an interested party for purposes of filing SDVOSB status protests. (See 13 C.F.R. 125.25(e)).
How does a joint venture qualify as an SDVOSB?
A joint venture’s ability to qualify as an SDVOSB primarily centers on control of the joint venture. The SDVOSB must be the managing venturer, an employee of the SDVOSB must be the project manager, 51% of the net profits of the joint venture must go to the SDVOSB, and the SDVOSB must retain the joint venture’s original records….
When is an SDVOSB eligible for an award?
In order to be eligible for award of an SDVOSB set-aside contract, a firm must represent, at the time of its offer, that it is an eligible SDVOSB. (See FAR 52.219-1 and 52.219-27).
What is SBA's timeline for processing an SDVOSB protest?
SBA has fifteen (15) working days to render a decision after receipt of a protest. The SBA may request an extension from the Contracting Officer if more time is needed. (See 13 C.F.R. 125.127 (c)).
When will SBA accept an SDVOSB protest?
SBA will consider an SDVOSB protest only if the protester presents credible evidence that the concern is not 51% owned/controlled by a veteran with a service-connected disability. (See 13 C.F.R. 125.26).
What differentiates a size and service-disabled veteran-owned protest?
A size protest is a challenge to an offeror’s representation that it does not exceed the size standard assigned to a solicitation. A service-disabled veteran-owned status protest involves an allegation that an offeror does not qualify as an SDVO SBC.
What agency is responsible for size and SDVOSB protests?
All questions about a firm’s service-disabled veteran-owned size status must be referred to the U.S. Small Business Administration (SBA) for resolution (see Federal Acquisition Regulation (FAR) §19.307(h). Size protests are decided by the SBA’s Government Contracting Area Office serving the geographical area where the protested firm is located (See 13 C.F.R. 121.1002 and FAR 19.302(c) (1). SDVOSB status protests…
What defines a service-disabled veteran-owned small business (SDVOSB)?
The Small Business Act defines an SDVOSB as a business that is (1) at least 51% owned directly and unconditionally by a service-disabled veteran and (2) managed and controlled by a service-disabled veteran, or spouse or permanent caregiver of a service-disabled veteran with a permanent and severe disability. (See 13 C.F.R. 125.8-125.10).
