19.810
SBA appeals
FAR 19.810 establishes a formal process for SBA to appeal certain 8(a) Program decisions, requiring strict notification and suspension procedures to ensure fair consideration of SBA concerns.
Overview
FAR 19.810 outlines the procedures for appeals by the Small Business Administration (SBA) when disagreements arise with a contracting officer regarding certain decisions under the 8(a) Program. It specifies the types of issues that can be appealed, the notification and timing requirements, and the responsibilities of both the SBA and the contracting agency during the appeal process. The regulation ensures that the SBA has a formal mechanism to challenge agency decisions that may impact 8(a) participants and program integrity.
Key Rules
- Appealable Matters
- The SBA Administrator may appeal to the agency head on issues such as decisions not to set aside acquisitions for the 8(a) Program, rejection of 8(a) participants, contract terms (including NAICS codes and price estimates), and determinations about new requirements not subject to release.
- Notification and Timing
- SBA must notify the contracting officer of its intent to appeal within 5 working days of being notified of the decision and must send the written appeal to the agency head within 15 working days.
- Suspension of Acquisition
- The contracting officer must suspend action on the acquisition during the appeal unless urgent and compelling circumstances are documented.
- Agency Head Decision
- If the appeal is denied, the agency head must provide written reasons, including capability determinations, and include the decision in the contract file.
Responsibilities
- Contracting Officers: Must recognize appealable issues, adhere to suspension requirements, and document urgent circumstances if proceeding during an appeal.
- Contractors: Should be aware of potential delays or changes due to SBA appeals and understand their rights if rejected for an 8(a) award.
- Agencies: Must ensure timely notification, proper documentation, and compliance with appeal procedures.
Practical Implications
- This section provides a formal process for resolving disputes between SBA and agencies, protecting the interests of 8(a) participants. Delays may occur during appeals, and failure to follow procedures can result in compliance issues or protest risk. Contractors should monitor for potential appeals that could impact award timelines or eligibility.