19.502-8
Rejecting Small Business Administration recommendations
Contracting officers must promptly notify and allow the SBA to appeal any rejection of its recommendations, suspending acquisition actions during the process unless overriding public interest is documented.
Overview
FAR 19.502-8 outlines the procedures contracting officers must follow when rejecting recommendations from the Small Business Administration (SBA) regarding small business set-asides or related matters. It establishes strict timelines for notifications, appeals, and decisions, ensuring that the SBA has an opportunity to contest rejections and escalate appeals up to the agency head if necessary. The regulation also provides for suspension of acquisition actions during the appeal process, unless the contracting officer determines that proceeding is in the public interest, in which case a written justification must be provided to the SBA.
Key Rules
- Notification of Rejection
- Contracting officers must notify the SBA in writing within 5 working days if they reject an SBA recommendation.
- SBA Appeal Process
- The SBA Procurement Center Representative (PCR) may appeal the rejection to the head of the contracting activity within 2 working days of receiving notice.
- Suspension of Acquisition
- Contracting officers must suspend acquisition actions during the appeal process until a decision is rendered.
- Further SBA Appeals
- If the head of the contracting activity upholds the rejection, the SBA may request further suspension and appeal to the agency head within 15 working days.
- Final Agency Decision
- The agency head must respond to the SBA within 30 working days, and this decision is final.
- Public Interest Exception
- If proceeding is deemed in the public interest, the contracting officer may bypass suspension but must document and notify the SBA.
Responsibilities
- Contracting Officers: Must provide timely written notifications, suspend acquisition actions as required, and document any public interest determinations.
- Contractors: Should be aware that acquisitions may be delayed due to SBA appeals and should monitor for potential changes in acquisition status.
- Agencies: Must ensure timely decisions at each appeal stage and maintain proper documentation and communication with the SBA.
Practical Implications
- This section ensures transparency and due process when SBA recommendations are rejected, providing multiple opportunities for review and appeal. Contractors should anticipate possible delays in acquisitions subject to SBA involvement and ensure compliance with all notification and documentation requirements to avoid procedural errors.