Question 1

How does SBA process an SDVOSB status protest?

Accepted Answer

SBA's Office of Hearings and Appeals (OHA) handles SDVOSB status protests. Upon receipt, OHA notifies the contracting officer and the challenged firm. OHA issues a decision based on the existing record — it does not hold hearings. The challenged firm must submit its response within seven business days. OHA issues a written decision typically within 15 business days. The decision is binding on the contracting officer.

Question 2

What is SBA's Office of Hearings and Appeals (OHA)?

Accepted Answer

SBA's Office of Hearings and Appeals (OHA) is an independent adjudicative body within SBA that hears and decides appeals of SBA program decisions, including SDVOSB status protests, size determinations, and VetCert certification denials. OHA judges are administrative law judges who issue formal written decisions. OHA decisions are binding on SBA program offices and contracting officers, though final appeal to federal court is available.

Question 3

What is an SDVOSB status protest?

Accepted Answer

An SDVOSB status protest challenges whether the apparent awardee actually meets the eligibility requirements for SDVOSB status — i.e., whether the firm is genuinely owned and controlled by a service-disabled veteran. Status protests are distinct from size protests. They are filed with SBA's Office of Hearings and Appeals (OHA) and must be filed within five business days of notification of the award.

Question 4

What are the possible outcomes of an SDVOSB protest?

Accepted Answer

If OHA sustains an SDVOSB status protest (finds the awardee ineligible), the contracting officer must cancel the award and select a different offeror or resolicit. If OHA denies the protest (finds the awardee eligible), the award proceeds. If the protest is dismissed for lack of timeliness or standing, the award is not affected. Decisions can be appealed to federal district court but this is rare.

How does SBA process an SDVOSB status protest?

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