§ 124.1008 - When will SBA not decide an SDB protest?

§ 124.1008 When will SBA not decide an SDB protest?

Cross Reference

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

(a) SBA will not decide a protest as to disadvantaged status of any concern other than the apparent successful offeror.

(b) SBA will not normally consider a post award protest. SBA may consider a post award protest in its discretion where it determines that a protest decision after award would have a practical effect (e.g., where the contracting officer agrees to terminate the contract if the protest is sustained).

(c) SBA will not decide an untimely protest (see § 124.1020(c)).

(d) SBA will not decide a non-specific protest or one that does not present credible evidence that the protested concern's circumstances have materially changed since SBA certified it as an SDB, or that the protested concern's SDB application contained false or misleading information (see § 124.1021).

(e) An interested party may appeal SBA's dismissal of a protest for lack of specificity, timeliness, or a basis upon which SBA will consider a protest to Associate Administrator for Government Contracting and Business Development (AA/GC&BD) pursuant to § 124.1024.

[63 FR 35772, June 30, 1998. Redesignated at 73 FR 57495, Oct. 3, 2008; 74 FR 45754, Sept. 4, 2009; 74 FR 51229, Oct. 6, 2009]