19.306 Protesting a firm's status as a HUBZone small business concern.

6. Amend section 19.306 by--

a. Redesignating paragraphs (a) through (k) as paragraphs (b) through (l);

b. Adding new paragraph (a);

c. Revising the newly redesignated paragraph (b);

d. Removing from end of newly redesignated paragraph (d) "(AA/HUB)" and adding "(Director/HUB)'' in its place;

e. Revising the newly redesignated paragraphs (e) and (f);

f. Redesignating newly redesignated paragraphs (g) through (l) as (h) through (m);

g. Adding a new paragraph (g);

h. Removing from the second sentence of the newly redesignated paragraph (i) "8(a) Business Development (ADA/GC&8(a)BD)." and adding "Administrator for Government Contracting and 8(a) Business Development(AA/GC&BD).'' in its place;

i. Removing from the newly redesignated paragraph (j) "ADA/GC&8(a)BD" and adding "AA/GC&BD" in its place (twice).

j. Removing from the newly redesignated paragraph (k) "AA/HUB" and adding "Director/HUB" in its place;

k. Removing from the newly redesignated paragraph (l) "AA/HUB's" and adding "Director/HUB's'' in its place; and

l. Removing from the first sentence of the newly redesignated paragraph (m) "ADA/GC&8(a)BD" and adding "AA/GC&BD" in its place and removing from the last sentence "ADA/GC&8(a)BD's" and adding "AA/GC&BD's" in its place.

The added and revised text reads as follows:

19.306 Protesting a firm's status as a HUBZone small business concern.

(a) Definition. As used in this section--

Interested party has the meaning given in 13 CFR 126.103.

(b) HUBZone Small Business Status.

(1) For sole source acquisitions, the SBA or the contracting officer may protest the apparently successful offeror's HUBZone small business concern status.

(2) For all other acquisitions, an offeror that is an interested party, the contracting officer, or the SBA may protest the apparently successful offeror's qualified HUBZone small business concern status.

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(e)

(1) The protest of an offeror that is an interested party must be submitted by--

(i) For sealed bids:

(A) The close of business on the fifth business day after bid opening; or

(B) The close of business on the fifth business day from the date of identification of the apparent successful offeror, if the price evaluation preference was not applied at the time of bid opening.

(ii) For negotiated acquisitions, the close of business on the fifth business day after notification by the contracting officer of the apparently successful offeror.

(2) Any protest submitted after these time limits is untimely, unless it is submitted by the SBA or the contracting officer. Any protest received prior to bid opening or notification of intended award, whichever applies, is premature and shall be returned to the protester.

(f) Except for premature protests, the contracting officer shall forward all protests received, notwithstanding whether the contracting officer believes that the protest is not sufficiently specific, timely, or submitted by an interested party. The contracting officer shall also forward a referral letter with the information required by 13 CFR 126.801(e).

(g)

(1) Protests may be submitted in person or by facsimile, express delivery service, or U.S. mail (postmarked within the applicable time period) to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416, Fax (202) 205-7167.

(2) The Director/HUB will notify the protester and the contracting officer that the protest was received and indicate whether the protest will be processed or dismissed for lack of timeliness or specificity. A protest will be dismissed if SBA determines the protester is not an interested party.

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