Asserting SDVOSB Status in Awards Disputes

SmallGovCon recently reported on a finding of the SBA Office of Hearings and Appeals that bears recognizing due to the implications for any other SDVOSB that intends to dispute an award:

SBA OHA rejected the protester’s effort to submit new evidence with its appeal.  ”[T]his information was not provided” in the protest, SBA OHA wrote, “and it is well-settled that an insufficiently specific protest cannot be cured by submitting more specific information on appeal.”  SBA OHA denied the appeal.

The Veterans Contractors Group SBA OHA decision is a good reminder that SDVOSB protests must contain specific evidence or information supporting the allegations.  If, as here, the protest vaguely alleges that the awardee does not meet the eligibility requirements, the SBA is likely to dismiss it without an investigation.

The implied takeaway is that if that award protests should come fully prepared to defend their claim at time of protest in order for their claim to be considered.