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NAICS APPEALS: The CO’s NAICS determination is final unless appealed IAW FAR 19.303. The appeal petition must be in writing and served and filed within 10 calendar days after the issuance of the initial solicitation. SBA’s Office of Hearings and Appeals (OHA) decides such appeals. SB REPRESENTATION: An offeror represents that it is a small business concern in connection with a specific solicitation if it meets the definition of a small business concern applicable to the solicitation (IAW the NAICS size standard). Another offeror, the SBA, or another interested party may protest the SB representation of an offeror. (NOTE: For competitive 8(a) contracts, only an offeror, the CO or the SBA may file a protest.) A protest by any concern or other interested party must be received by the CO within five business days after bid opening (in sealed bid acquisitions) or receipt of the notification from the CO that identifies the apparently successful offeror (in negotiated acquisitions). The CO may question the SB representation at any time before or after award. Within 10 business days after receiving a protest, the challenged offeror’s response, and other pertinent information, the SBA Government Contracting Area Director or designee will determine the size status of the challenged concern and notify the contracting officer, the protester, and the challenged offeror of its decision. The provision at 52.219-1, Small Business Program Representations, or 52.212-3(c)(4), Offeror Representations and Certifications-Commercial Items, is used by offerors to provide their business status. DISADVANTAGED BUSINESS STATUS: IAW FAR 19.304, to be eligible to receive a benefit as a prime contractor based on its disadvantaged status, a concern, at the time of its offer, must either be certified as a small disadvantaged business (SDB) concern or have a completed SDB application pending at the SBA (see FAR 19.001). This is a formal certification process and not to be confused with self-representation as a small business concern. The CO may confirm that the concern is identified as a SDB concern by accessing Central Contractor Registration (see www.ccr.gov) or by contacting the SBA’s Office of Small Disadvantaged Business Certification and Eligibility. An offeror, excluding an offeror determined by the CO to be non-responsive or outside the competitive range, or an offeror that SBA has previously found to be ineligible for the requirement at issue, may protest the apparently successful offeror’s representation of disadvantaged status by filing a protest in writing with the CO. The CO or the SBA may protest in writing a concern’s representation of disadvantaged status at any time following bid opening or notification of intended award. SBA regulations concerning such protests are contained in 13 CFR 124, Subpart B. HUBZone Status Protests 1. Who initiates? For sole-source awards, SBA or the contracting officer; for competitive awards, any interested party. 2. Format: in writing and specific. 3. Filing: Unsuccessful offeror - to the contracting officer; contracting officer or SBA, to the AA/ HUBZone. 4. Delivery: in person, by Fax, U.S. Postal Service, or Express Mail. 5. Timeliness: 5 business days of bid opening or notification of successful offeror. 6. Processing: SBA will notify the contracting officer and the protester of the date of receipt and whether the protest will be processed or dismissed; SBA will determine HUBZone status within 15 business days of receipt unless extended. 7. The AA/HUBZone makes final determination; SBA will notify the CO, protester, and the protested firm of its determination. If upheld, the protested firm is decertified, effective immediately. 8. If SBA fails to decide the protest within 15 business days, unless the CO grants an extension, the CO may award the contract. 9. Appeals: The HUBZone SBC, protestor, or CO may appeal; appeals must be received by SBA within 5 business days after receipt of the protest determination; SBA will only re-examine cases where there was a clear and significant error or complete failure to consider a significant fact. Appeals must be in writing. Appeals will be decided by the ADS/GC & BD. (13 CFR 126.800-805) If the SBA determines that a concern is a qualified HUBZone small business concern, it will issue a certification to that effect and will add the concern to the List of Qualified HUBZone Small Business Concerns on its Internet website at http://www.sba.gov/hubzone. A firm on the list is eligible for HUBZone program preferences without regard to the place of performance. The concern must appear on the list to be a HUBZone small business concern. Service-disabled Veteran-owned Small Business Protests 1. Protests involving the veteran’s service-connected eligibility: The CO receiving the protest refers the matter to the SBA’s Office of Government Contracting for resolution. 2. SBA will rely upon existing VA or DOD determinations and will help enforce penalties for false representation. If SBA fails to decide the protest within 15 business days, unless the CO grants an extension, the CO may award the contract. All Rights Reserved / Appeals and Protests |
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