Question 1

Who can challenge an SDVOSB's eligibility status?

Accepted Answer

Any interested party — including competing offerors, contracting officers, or the SBA itself — can file a protest challenging an SDVOSB's eligibility. Status protests must be filed with the SBA's Office of Hearings and Appeals (OHA) within five business days of learning of the award or proposed award. The contracting officer can also refer a matter for status review at any time without a formal protest.

Question 2

How does SBA review SDVOSB eligibility?

Accepted Answer

SBA reviews SDVOSB eligibility through its VetCert certification process, which includes examination of ownership documents, operating agreements, tax returns, military service records, and VA disability rating letters. SBA may also conduct site visits or request additional documentation. After certification, SBA can conduct program examinations at any time. Protests from competitors can also trigger eligibility review.

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 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.

Who can challenge an SDVOSB's eligibility status?

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