§ 124.1011 - What format, degree of specificity, and basis does SBA require to consider an SDB protest?

§ 124.1011 What format, degree of specificity, and basis does SBA require to consider an SDB protest?

Cross Reference

Link to an amendment published at 85 FR 27293, May 8, 2020.

(a) Format. An SDB protest need not be in any specific format in order for SBA to consider it.

(b) Specificity. A protest must be sufficiently specific to provide reasonable notice as to all grounds upon which the protested concern's disadvantaged status is challenged.

(1) SBA will dismiss a protest that merely asserts that the protested concern is not disadvantaged, without setting forth specific facts or allegations.

(2) The contracting officer must forward to SBA any non-premature protest received, notwithstanding whether he or she believes it is sufficiently specific or timely.

(c) Basis. SBA will consider a protest challenging whether the apparent successful offeror is owned and controlled by one or more socially and economically disadvantaged individuals, including whether one or more of the individuals claiming disadvantaged status is in fact socially or economically disadvantaged, only if the protest presents credible evidence that the firm's circumstances have materially changed since SBA certified it as an SDB, or that the firm's SDB application contained false or misleading information.

[63 FR 35772, June 30, 1998. Redesignated at 73 FR 57495, Oct. 3, 2008]