How to Respond to an SDVOSB Status Protest
After an SDVOSB set-aside award, a disappointed offeror or the contracting officer can file a status protest challenging whether the apparent awardee really is an eligible SDVOSB. SBA decides these protests, and the burden falls on the protested firm to show it qualifies. This guide explains the process and how to build a defense.
Before You Start
What you'll need
- Notice of an SDVOSB status protest from the contracting officer or SBA
- Your complete ownership and control documentation
- The set-aside solicitation and award notice
Systems used: SBA D/GC (Director, Office of Government Contracting) · Contract file
Confirm the protest is timely and proper
An interested party (typically an offeror that has not been eliminated) or the contracting officer may protest SDVOSB status. Protests must be filed within five business days after notification of the apparent awardee. Untimely or non-specific protests are dismissed.
Understand what SBA will examine
SBA reviews whether the firm meets the ownership (51% unconditional, direct ownership by service-disabled veterans) and control (management and daily operations controlled by a service-disabled veteran) requirements as of the date of the protest and the date of the offer.
Assemble your eligibility evidence
Gather the same kinds of documents you used for VetCert — formation documents, operating agreement or bylaws, stock/membership ledgers, officer appointments, and the veteran's disability rating — plus anything that rebuts the specific allegations in the protest.
Tip: Read the protest closely and respond to each specific allegation. SBA decides on the grounds raised; a focused, evidence-backed rebuttal is far stronger than a general assertion of eligibility.
Submit your response by SBA's deadline
SBA gives the protested firm a short window — often just a few business days — to respond and produce documents. Missing the deadline or failing to produce requested records can result in an adverse decision by default.
Receive and act on the determination
If SBA finds the firm eligible, the award stands. If SBA sustains the protest, the firm is ineligible for the award and may not self-certify or be awarded other SDVOSB contracts until it corrects the deficiency. Either party may appeal the decision to the SBA Office of Hearings and Appeals (OHA).
Primary Sources
This guide is general information, not legal advice. Verify current requirements against the cited regulations and your contracting officer before acting.
Change log (1)
- LaunchedPublished the how-to guide library covering SDVOSB certification, SAM.gov registration, recertification, limitations on subcontracting, status protests, finding set-asides, and joint ventures — each with HowTo structured data, primary-source citations, and cross-links into the glossary, FAQ, and calculators.