FAR 19.810—SBA appeals.
Plain-English Summary
FAR 19.810 establishes the SBA’s appeal rights when the Small Business Administration and the contracting officer cannot agree on certain 8(a) Program decisions. It covers four specific dispute topics: a decision not to place an acquisition in the 8(a) Program, rejection of a particular 8(a) participant after SBA has accepted the requirement, disagreement over the terms and conditions of a proposed 8(a) contract (including the NAICS code and fair market price estimate), and a determination that a previously 8(a)-procured requirement is a new requirement not subject to the 8(a) release rules. The section also sets strict timing and notice requirements for SBA’s intent to appeal, identifies where that notice must go, and requires SBA to file the written appeal within 15 working days or risk withdrawal. While the appeal is pending, the contracting officer generally must suspend action on the acquisition unless the officer makes a written urgent-and-compelling determination. If the appeal is denied, the agency head must explain the reasons, including why the selected participant was found incapable of performance if that issue is involved, and the decision must be placed in the contract file. In practice, this section is a procedural safeguard that gives SBA a formal path to challenge agency decisions affecting 8(a) opportunities while preserving limited flexibility for urgent procurement needs.
Key Rules
Appealable 8(a) disputes
The SBA Administrator may appeal only the specific matters listed in this section: refusal to use the 8(a) Program for an acquisition, rejection of a specific 8(a) participant after SBA acceptance, disputes over proposed 8(a) contract terms including NAICS code and fair market price, and determinations that a prior 8(a) requirement is a new requirement outside the release rules.
Intent to appeal deadline
SBA’s notice of intent to appeal must be received by the contracting officer within 5 working days after SBA is formally notified of the contracting officer’s decision. Missing this deadline can prevent the appeal from moving forward.
Required recipients of notice
The intent-to-appeal notice must also be provided to the contracting agency’s Director for the Office of Small and Disadvantaged Business Utilization, or for the Department of Defense, the Director of the Office of Small Business Programs.
Written appeal filing deadline
After giving notice of intent to appeal, SBA must submit the written appeal to the agency head within 15 working days. If SBA does not meet this deadline, the appeal may be treated as withdrawn.
Suspend acquisition action
While the agency head is deciding the appeal, the contracting officer must suspend action on the acquisition. This pause preserves the status quo until the dispute is resolved.
Urgent and compelling exception
The contracting officer may continue action without suspension only if the officer makes a written determination that urgent and compelling circumstances significantly affecting the interests of the United States will not permit waiting for the appeal decision.
Denial decision documentation
If the appeal is denied, the agency head’s decision must state the reasons for denial, including why the selected participant was found incapable of performance when that issue is relevant. The decision must be included in the contract file.
Responsibilities
SBA Administrator
May submit an appeal to the agency head on the limited 8(a) matters identified in this section when SBA and the contracting officer cannot agree. SBA must also provide timely notice of intent to appeal and file the written appeal within the required 15 working days.
Contracting Officer
Must receive SBA’s intent-to-appeal notice within 5 working days of SBA being formally notified of the decision. The contracting officer must suspend acquisition action while the appeal is pending unless a written urgent-and-compelling determination justifies proceeding.
Contracting Agency Director for the Office of Small and Disadvantaged Business Utilization / DoD Director of the Office of Small Business Programs
Must receive the SBA notice of intent to appeal as part of the required notification process.
Agency Head
Must decide the appeal if SBA files it, and if the appeal is denied, must provide a written decision explaining the reasons for denial, including any incapability finding, and ensure the decision is placed in the contract file.
Contracting Agency
Must preserve the acquisition record and ensure the appeal decision becomes part of the contract file. The agency also must respect the suspension of action unless the urgent-and-compelling exception is properly documented.
Practical Implications
This section creates a short, rigid timeline, so both SBA and the contracting officer must track dates carefully; a missed 5-working-day notice or 15-working-day filing deadline can end the appeal process.
Contracting officers should not treat an SBA appeal as informal disagreement; once properly invoked, it generally stops procurement action until the agency head rules.
The urgent-and-compelling exception is narrow and must be documented in writing, so it should be used only when delay would truly harm the Government’s interests.
Because the appeal can involve NAICS code selection, fair market price, participant capability, and whether a requirement is new or released, contracting officers should build a strong contemporaneous record supporting their decision.
If an appeal is denied, the written rationale and contract-file documentation matter for auditability, protest defense, and future 8(a) planning, so agencies should ensure the file is complete and clear.
Official Regulatory Text
(a) The SBA Administrator may submit the following matters for determination to the agency head if the SBA and the contracting officer fail to agree on them: (1) The decision not to make a particular acquisition available for award under the 8(a) Program. (2) A contracting officer’s decision to reject a specific 8(a) participant for award of an 8(a) contract after SBA’s acceptance of the requirement for the 8(a) program. (3) The terms and conditions of a proposed 8(a) contract, including the contracting officer’s NAICS code designation and estimate of the fair market price. (4) A contracting officer's decision that an acquisition previously procured under the 8(a) program is a new requirement not subject to the release requirements at 13 CFR 124.504(d)(1) (see 19.815 (a) and (d)(1)). (b) (1) Notification by SBA of an intent to appeal to the agency head- (i) Must be received by the contracting officer within 5 working days after SBA is formally notified of the contracting officer's decision; and (ii) Must be provided to the contracting agency Director for the Office of Smalland Disadvantaged Business Utilization or, for the Department of Defense, the Director of the Office of Small Business Programs. (2) SBA must send the written appeal to the agency head within 15 working days of SBA’s notification of intent to appeal or the appeal may be considered withdrawn. Pending issuance of a decision by the agency head, the contracting officer shall suspend action on the acquisition. The contracting officer need not suspend action on the acquisition if the contracting officer makes a written determination that urgent and compelling circumstances that significantly affect the interests of the United States will not permit waiting for a decision. (c) If the SBA appeal is denied, the decision of the agency head shall specify the reasons for the denial, including the reasons why the selected participant was determined incapable of performance, if appropriate. The decision shall be made a part of the contract file.