Editorial Note on Part 134
Editorial Note: Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

§ 134.1004 Commencement of VOSB or SDVOSB status protests. ( a ) *Timeliness.* ( 1 ) The Secretary of the VA (or designee) or SBA may file a VOSB or SDVOSB status protest at any time.
( 2 ) The contracting officer, SBA, or VA may file a VOSB or SDVOSB status protest at any time after the apparent awardee has been identified or after bid opening, whichever applies.
( 3 ) For negotiated acquisitions, an interested party (*see* § 134.1002(b)) must submit its protest by close of business on the fifth business day after notification by the contracting officer of the apparent successful offeror. ( i ) Except for an order or Blanket Purchase Agreement issued under a Federal Supply Schedule contract, for an order or Agreement that is set-aside for VOSBs or SDVOSBs under a multiple award contract that was not itself set aside or reserved for VOSBs or SDVOSBs, an interested party must submit its protest by close of business on the fifth business day after notification by the contracting officer of the intended awardee of the order or Agreement.
( ii ) Where a contracting officer has required offerors for a specific order under a multiple award VOSB or SDVOSB contract to recertify their VOSB or SDVOSB status, an interested party must submit its protest by close of business on the fifth business day after notification by the contracting officer of the intended awardee of the order.
( 4 ) For sealed bid acquisitions, a protest from an interested party (*see* § 134.1002(b)) must be received by close of business on the fifth business day after bid opening. Where the identified low bidder is determined to be ineligible for award, a protest of any other identified low bidder must be received prior to the close of business on the 5th business day after the contracting officer has notified interested parties of the identity of that low bidder.
( 5 ) The rule for counting days is in § 134.202(d).
( 6 ) Any protest received after the time limit is untimely, unless it is from SBA, VA, or the contracting officer. An untimely protest will be dismissed.
( b ) *Filing.* ( 1 ) An interested party, other than SBA, VA, or the contracting officer, must deliver a VOSB or SDVOSB status protest to the contracting officer in person, by email, facsimile, by express delivery service, or by U.S. mail (postmarked within the applicable time period) to the contracting officer.
( 2 ) VA, SBA, or the contracting officer must submit a VOSB or SDVOSB status protest directly to OHA in accordance with the procedures in § 134.204. The protest should include in the referral letter the information set forth in paragraph (c) of this section.
( 3 ) SBA must submit a VOSB or SDVOSB status protest directly to OHA in accordance with the procedures in § 134.204.
( c ) *Referral to OHA.* The contracting officer must forward to OHA any VOSB or SDVOSB status protest received, notwithstanding whether the contracting officer believes it is premature, sufficiently specific, or timely. The contracting officer must send all VOSB or SDVOSB status protests, along with a referral letter, directly to OHA, addressed to Office of Hearings and Appeals, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416, or by email at *OHAfilings@sba.gov ,* marked “Attn: VOSB Status Protest” or “Attn: SDVOSB Status Protest”. The referral letter must include information pertaining to the solicitation that may be necessary for OHA to determine timeliness and standing, including: ( 1 ) The solicitation number;
( 2 ) The name, address, telephone number, and email address of the contracting officer;
( 3 ) Whether the contract was a sole source or set-aside VOSB or SDVOSB procurement;
( 4 ) Whether the protester submitted an offer;
( 5 ) Whether the protested concern was the apparent successful offeror;
( 6 ) Whether the procurement was conducted using sealed bid or negotiated procedures;
( 7 ) The bid opening date, if applicable;
( 8 ) When the protested concern submitted its initial offer which included price;
( 9 ) When the protest was submitted to the contracting officer;
( 10 ) When the protester received notification of the apparent successful offeror, if applicable; and
( 11 ) Whether a contract has been awarded.