13 C.F.R. § 126.803   How will SBA process a HUBZone status protest?


Title 13 - Business Credit and Assistance


Title 13: Business Credit and Assistance
PART 126—HUBZONE PROGRAM
Subpart H—Protests

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§ 126.803   How will SBA process a HUBZone status protest?

(a) Notice of receipt of protest. (1) SBA immediately will notify the contracting officer and the protestor of the date SBA receives a protest and whether SBA will process the protest or dismiss it in accordance with §126.804.

(2) If SBA determines the protest is timely and sufficiently specific, SBA will notify the protested HUBZone SBC of the protest and the identity of the protestor. The protested HUBZone SBC may submit information responsive to the protest within 5 business days.

(b) Time period for determination. (1) SBA will determine the HUBZone status of the protested HUBZone SBC within 15 business days after receipt of a protest.

(2) If SBA does not contact the contracting officer within 15 business days, the contracting officer may award the contract, unless the contracting officer has granted SBA an extension.

(3) The contracting officer may award the contract after receipt of a protest if the contracting officer determines in writing that an award must be made to protect the public interest.

(c) Notice of determination. SBA will notify the contracting officer, the protestor, and the protested concern of its determination.

(d) Effect of determination. The determination is effective immediately and is final unless overturned on appeal by the ADA/GC&BD, pursuant to §126.805. If SBA upholds the protest, SBA will decertify the concern.

[63 FR 31908, June 11, 1998, as amended at 69 FR 29427, May 24, 2004]

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