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FAR and DFARS › FAR Part 19: Small Business Programs › Subpart 19.8

FAR 19.810 SBA appeals.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how the Small Business Administration (SBA) can appeal certain disagreements with a contracting officer to the head of the agency. It sets time limits for the SBA to notify the contracting officer and file the appeal, and requires the contracting officer to suspend action on the acquisition while the appeal is pending, unless urgent circumstances exist. If the appeal is denied, the agency head must provide reasons and include the decision in the contract file.

Applies to: SBA and contracting officers in disagreements over 8(a) Program acquisitions

What it requires

  • SBA must notify the contracting officer of its intent to appeal within 5 working days after being formally notified of the contracting officer's decision.
  • SBA must send the written appeal to the agency head within 15 working days of its notification of intent to appeal, or the appeal may be considered withdrawn.
  • The contracting officer must suspend action on the acquisition while the appeal is pending, unless a written determination of urgent and compelling circumstances is made.
  • If the appeal is denied, the agency head's decision must specify the reasons for denial and be made part of the contract file.

Key terms: SBA · 8(a) Program · contracting officer · agency head · NAICS code

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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 Small and Disadvantaged Business Utilization or, for the Director of the Office 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.

Sections it refers to

  • 19.815 Release and notification requirements for non-8(a) procurement.

Sections that refer to it

  • 19.804-3 SBA acceptance.
  • 19.806 Pricing the 8(a) contract.
  • 19.815 Release and notification requirements for non-8(a) procurement.
  • 219.800 General.

← 19.809-2 Limitations on subcontracting and nonmanufacturer rule. · 19.811 Preparing the contracts. →

Rule changes for FAR Part 19

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 19.810 SBA appeals · SpendQuery