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 of the veteran’s DD-214 or a claim adjudication letter from the Department of Veterans Affairs) along with their proposals. When a bidder fails to provide such proof, a Contracting Officer may reject a bid as non-responsive. (See 13 C.F.R. 125.8. and 13 C.F.R. 125.8-125.10).
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).