FAR 19.307—Protesting a firm’s status as a service-disabled veteran-owned small business concern.
Plain-English Summary
FAR 19.307 explains how to challenge a firm’s status as a service-disabled veteran-owned small business (SDVOSB) in federal procurements. It covers who may protest, when a protest is allowed, how SDVOSB status protests differ from small business size protests, what facts and evidence must be included, the special rules for protests involving ownership and control, ostensible subcontractor allegations, and joint ventures, and the filing deadlines for sealed bids, negotiated acquisitions, multiple-award contract orders, and blanket purchase agreements. It also addresses the limited circumstances in which the contracting officer, SBA, or VA may file a protest at any time, and it requires the contracting officer to forward protests to SBA’s Office of Hearings and Appeals with a referral letter containing key solicitation and award information. In practice, this section is the procedural gateway for disputing whether an apparently successful offeror is truly eligible for an SDVOSB award or set-aside, and it helps ensure those challenges are raised promptly, supported by specific facts, and routed to the proper forum. Contractors need to understand it to protect award eligibility and respond quickly to protests; contracting officers need it to avoid misrouting or untimely handling of protests; and agencies need it to preserve the integrity of SDVOSB set-asides and sole-source awards.
Key Rules
Interested party standard
Only an “interested party,” as defined in 13 CFR 134.1002(b), may protest in most cases. This means the protester must have the required stake in the procurement, not just a general objection to the awardee’s status.
Who may protest
For sole-source acquisitions, the contracting officer, VA, or SBA may protest the apparently successful offeror’s SDVOSB status. For all other acquisitions, any interested party may protest the apparently successful offeror’s SDVOSB status.
Separate size and status protests
A protest about SDVOSB status is separate from a protest about small business size. If a party wants to challenge both, it must file two separate protests, and size protests follow the procedures in FAR 19.302.
Specific facts are required
Protests must be in writing and must state specific grounds. Bare assertions that a firm is not an SDVOSB are not enough; OHA will not consider unsupported allegations.
Evidence for status protests
For status protests, the protester must present evidence supporting the claim that the owner(s) cannot provide VA documentation showing they meet the applicable definition of “service-disabled veteran” or “service-disabled veteran with a permanent and severe disability.”
Evidence for ownership and control
For ownership and control protests, the protester must present evidence that the concern is not 51 percent owned and controlled by one or more service-disabled veterans. For a veteran with a permanent and severe disability, the protester must show the concern is not controlled by the veteran, spouse, or permanent caregiver, as applicable.
Ostensible subcontractor allegations
For set-aside or sole-source service contract or order protests, the protester must present credible evidence of undue reliance on a small entity subcontractor that is not similarly situated, or credible evidence that the small non-similarly situated entity is performing the primary and vital requirements. Allegations involving an other-than-small subcontractor are handled as size issues under the ostensible subcontractor rule.
Joint venture protests
A protest may challenge whether the managing SDVOSB joint venture partner meets the requirements of 13 CFR 128.402. The protester must present evidence supporting that challenge.
Filing deadlines
Interested parties must file with the contracting officer by the fifth business day after bid opening for sealed bids, or by the fifth business day after receipt of the special notification identifying the apparently successful offeror for negotiated acquisitions. Additional fifth-business-day deadlines apply to certain orders and blanket purchase agreements, with special exceptions for Federal Supply Schedule orders and BPAs.
Late protests are untimely
A protest received after the applicable deadline is untimely, except that VA or SBA may file an SDVOSB status protest at any time, and the contracting officer, SBA, or VA may file a status protest at any time after the apparent awardee is identified or after bid opening, as applicable.
Forwarding to SBA OHA
The contracting officer must forward all protests to SBA’s Office of Hearings and Appeals at the specified address or email, marked for SDVOSB status protest. The referral must include solicitation information and other details needed for OHA to determine timeliness and standing.
Responsibilities
Interested Party
File any SDVOSB status protest in writing, state specific grounds, and submit it to the contracting officer within the applicable fifth-business-day deadline. If challenging both size and SDVOSB status, file separate protests and follow the distinct procedures for each.
Contracting Officer
Receive protests, determine whether they were timely filed, and forward all protests to SBA OHA with the required referral letter and solicitation information. For sole-source acquisitions, the contracting officer may also initiate an SDVOSB status protest at any time after the apparent awardee is identified or after bid opening, as applicable.
SBA
May protest SDVOSB status in sole-source acquisitions and may file status protests at any time after the apparent awardee is identified or after bid opening, as applicable. SBA also receives forwarded protests through OHA and applies the governing protest procedures.
Department of Veterans Affairs (VA)
May protest SDVOSB status in sole-source acquisitions and may file status protests at any time after the apparent awardee is identified or after bid opening, as applicable. VA also has a role in the underlying SDVOSB documentation and eligibility framework referenced by the rule.
SBA Office of Hearings and Appeals (OHA)
Review protests under the applicable SBA regulations, including whether the protest is timely, whether the protester has standing, and whether the protest states specific facts sufficient to challenge SDVOSB status, ownership and control, ostensible subcontractor issues, or joint venture compliance.
Protested Concern
Be prepared to substantiate SDVOSB status, ownership and control, and any joint venture or subcontracting arrangements if challenged. The firm should be able to produce the documentation and facts needed to defend eligibility.
Practical Implications
This section is highly deadline-driven: missing the fifth-business-day filing window usually ends the protest, so both protesters and awardees need to track bid opening, award notices, and special notifications carefully.
A protest must be fact-based, not conclusory. Protesters should gather documentary evidence before filing, because unsupported accusations that a firm is “not an SDVOSB” will be dismissed or ignored.
Contracting officers must route protests correctly and quickly to SBA OHA, and the referral package matters; missing solicitation details or contact information can slow the case or complicate timeliness and standing review.
Contractors should understand that SDVOSB status, size, ownership/control, joint venture compliance, and ostensible subcontractor issues are related but not identical. Filing the wrong type of protest, or combining issues that must be separated, can undermine the challenge.
For set-asides and sole-source service contracts, subcontracting structure is a common vulnerability. Offerors should ensure their SDVOSB prime is genuinely in control and not overly dependent on a non-similarly situated subcontractor for the primary and vital work.
Official Regulatory Text
(a) Definition . Interested party , as used in this section, has the meaning given in 13 CFR 134.1002(b). (b) (1) General . For sole source acquisitions, the contracting officer, the Department of Veterans Affairs (VA), or SBA may protest the apparently successful offeror’s service-disabled veteran-owned small business (SDVOSB) status. For all other acquisitions, any interested party may protest the apparently successful offeror’s service-disabled veteran-owned small business status. (2) SBA’s protest regulations are found in 13 CFR 128.500 and 13 CFR part 134. (c) Protests relating to small business size status are subject to the procedures of 19.302 . An interested party seeking to protest both the small business size and service-disabled veteran-owned small business status of an apparent successful offeror shall file two separate protests. (d) All protests must be in writing and must state all specific grounds for the protest. (1) OHA will consider protests challenging the SDVOSB status or the ownership and control of a concern if— (i) For status protests, the protester presents evidence supporting the contention that the owner(s) cannot provide documentation from the VA to show that they meet the definition of “service-disabled veteran” or “service-disabled veteran with a permanent and severe disability” as set forth in 13 CFR 128.102; or (ii) For ownership and control protests, the protester presents evidence that the concern is not 51 percent owned and controlled by one or more service-disabled veterans. In the case of a veteran with a permanent and severe disability, the protester presents evidence that the concern is not controlled by the veteran, spouse, or permanent caregiver of such veteran; or (iii) For set-aside or sole-source service contract or order ostensible subcontractor protests, the protester presents credible evidence of the alleged undue reliance on a small entity subcontractor that is not a similarly-situated entity as defined in 13 CFR 125.1 , or credible evidence that the small non-similarly situated entity is performing the primary and vital requirements of the contract. For allegations that the prime contractor is unduly reliant on an other-than-small subcontractor, see size protests at 19.302 , and 13 CFR 121.103(h)(2) , which treats the pair as joint venturers for size determination purposes (the “ostensible subcontractor rule”); or (iv) For joint venture protests, the protester presents evidence that the managing SDVOSB joint venture partner does not meet the requirements at 13 CFR 128.402. (2) Assertions that a protested concern is not a service-disabled veteran-owned small business concern, without setting forth specific facts or allegations, will not be considered by OHA (see 13 CFR 134.1005). (e) Protest by an interested party. (1) An interested party (except contracting officers should see paragraph (f)(1) of this section) shall submit its protest to the contracting officer— (i) To be received by close of business on the fifth business day after bid opening for sealed bid acquisitions; (ii) To be received by close of business on the fifth business day after receipt of the special notification from the contracting officer (see 15.503 (a)(2)) that identifies the apparently successful offeror for negotiated acquisitions, including— (A) Orders placed under multiple-award contracts where the contracting officer requested rerepresentation for the order (see 13 CFR 134.1004(a)(3)(ii) ); and (B) Orders set aside for service-disabled veteran-owned small businesses under multiple-award contracts that are not partially or totally set aside or reserved for service-disabled veteran-owned small business concerns (see 13 CFR 134.1004(a)(3)(i) ), except for orders and blanket purchase agreements placed under a Federal Supply Schedule contract (see 8.405 and 19.302 (d)(5)); (iii) To be received by close of business on the fifth business day after notification by the contracting officer of the intended awardee for an order that is set aside for SDVOSBs under a multiple-award contract that was not totally or partially set aside or reserved for SDVOSB concerns. This paragraph (e)(1)(iii) does not apply to an order issued under a Federal Supply Schedule (FSS) contract; (iv) To be received by the close of the fifth business day after notification by the contracting officer of the intended awardee for a blanket purchase agreement that is set aside for SDVOSBs under a multiple-award contract that was not totally or partially set aside or reserved for SDVOSB concerns. This paragraph (e)(1)(iv) does not apply to a blanket purchase agreement issued under a FSS contract; or (v) To be received by the close of business on the fifth business day after receipt of notification using other communication means when written notification is not required. (2) Any protest received after the designated time limits is untimely, except— (i) The VA or SBA may file an SDVOSB status protest at any time; and (ii) The contracting officer, SBA, or VA may file an SDVOSB status protest at any time after the apparent awardee has been identified or after bid opening, whichever applies. (f) Forwarding protests to SBA . (1) The contracting officer shall forward all protests to the U.S. Small Business Administration, Office of Hearings and Appeals, 409 Third Street, SW, Washington, DC 20416, or by email at OHAfilings@sba.gov, marked “Attn: SDVOSB Status Protest”. (2) The protest shall include a referral letter written by the contracting officer with information pertaining to the solicitation. The referral letter must include the following information to allow OHA to determine timeliness and standing: (i) The solicitation number (or an electronic link to or a paper copy of the solicitation). (ii) The name, address, telephone number, and email address of the contracting officer. (iii) Whether the contract was sole-source or set-aside. (iv) Whether the protestor submitted an offer. (v) Whether the protested concern was the apparent successful offeror. (vi) When the protested concern submitted its initial offer that included price. (vii) Whether the acquisition was conducted using sealed bid or negotiated procedures. (viii) The bid opening date, if applicable. (ix) The date the contracting officer received the protest. (x) The date the protestor received notification about the apparent successful offeror, if applicable. (xi) Whether a contract has been awarded. (g) Notification by OHA . OHA will notify the protester, the protested concern, SBA’s Director of Government Contracting (D/GC), SBA Counsel, and the contracting officer of the date OHA received the protest. (h) Before OHA decision. (1) After receiving a protest involving the apparent successful offeror's status as an SDVOSB concern, the contracting officer shall either- (i) Withhold award of the contract until OHA determines the status of the protested concern; or (ii) Award the contract after receipt of the protest but before OHA issues its decision if the contracting officer determines in writing that an award must be made to protect the public interest. The contracting officer shall notify OHA and SBA D/GC in writing of the determination and a copy shall be included in the contract file. (2) OHA will determine the merits of the status protest. (3) OHA does not have a standard timeline for issuing decisions. (i) After OHA decision . OHA will notify the contracting officer, the protester, and the protested concern of its decision. The decision is effective immediately and is final. (1) If the contracting officer has withheld contract award and OHA has determined that the protested concern is an eligible SDVOSB or dismissed all protests against the protested concern, then the contracting officer may award the contract to the protested concern. (2) If the contracting officer has withheld contract award, and OHA has sustained the protest and determined that the concern is not an SDVOSB, then the contracting officer shall not award the contract to the protested concern. (3) If the contracting officer has made a written determination in accordance with paragraph (h)(1)(ii) of this section, the contract has been awarded, and the OHA decision to sustain the protest is received after award- (i) The contracting officer shall terminate the contract, unless the contracting officer has made a written determination that termination is not in the best interests of the Government. However, the contracting officer shall not exercise any options or award further task or delivery orders; (ii) The contracting officer shall update FPDS to reflect the final OHA decision; and (iii) The concern must remove its designation in the System for Award Management (SAM) as an SDVOSB concern within 2 days of the OHA decision. SBA will update the concern’s SDVOSB status in SAM if the concern fails to do so. The concern shall not submit an offer as a SDVOSB concern or an SDVOSB concern eligible under the SDVOSB Program, until the concern is designated as an SDVOSB by SBA in the SBA Veteran Small Business Certification Program database at https://veterans.certify.sba.gov . (4) A concern found to be ineligible may not submit future offers as an SDVOSB concern until the concern is designated as an SDVOSB by SBA in the SBA Veteran Small Business Certification Program database at https://veterans.certify.sba.gov .