Protesting a firm’s status as a HUBZone small business concern
FAR 19.306 establishes strict procedures and timelines for protesting and resolving a firm's HUBZone status, ensuring only eligible firms benefit from HUBZone preferences.
Overview
FAR 19.306 outlines the procedures for protesting a firm’s status as a HUBZone small business concern (SBC). It defines who may file a protest, the grounds and format for protests, submission deadlines, and the process for SBA review and appeal. The section ensures that only eligible firms benefit from HUBZone program preferences and provides a structured process for resolving eligibility disputes.
Key Rules
- Who Can Protest
- For sole-source procurements, only SBA or the contracting officer may protest. For other procurements, SBA, the contracting officer, or any interested party may protest the apparent successful offeror’s HUBZone status.
- Protest Content and Submission
- Protests must be in writing, state specific grounds, and be submitted within five business days of certain procurement milestones. Protests lacking specific facts will not be considered.
- SBA Review and Determination
- The SBA’s Office of the HUBZone Program reviews protests and issues determinations within 15 business days. The SBA’s decision is effective immediately and can be appealed to the AA/GC&BD.
- Contract Award Procedures
- Contracting officers must generally withhold award pending SBA’s decision, unless urgent need is documented. If a protest is upheld after award, the contract may be terminated or options not exercised.
- Appeals
- Appeals must be filed within five business days of the SBA determination and are decided by the AA/GC&BD, whose decision is final.
Responsibilities
- Contracting Officers: Forward protests to SBA, withhold award as required, update FPDS, and follow SBA determinations.
- Contractors: Respond to protests, ensure eligibility, and comply with protest and appeal procedures.
- Agencies: Oversee compliance and ensure timely processing of protests and appeals.
Practical Implications
This section protects the integrity of the HUBZone program by providing a clear process for challenging and verifying HUBZone status. Contractors must be prepared for potential protests and ensure their documentation is current and accurate. Delays or contract terminations can occur if eligibility is successfully challenged, making compliance and timely response critical.