Title 13

SECTION 134.1003

134.1003 Grounds for filing a CVE Protest.

§ 134.1003 Grounds for filing a CVE Protest.

(a) Status. In cases where the protest is based on service-connected disability, permanent and severe disability, or veteran status, the Judge will only consider a protest that presents specific allegations supporting the contention that the owner(s) cannot provide documentation from the VA, Department of Defense, or the U.S. National Archives and Records Administration to show that they meet the definition of veteran, service-disabled veteran, or service-disabled veteran with a permanent and severe disability.

(b) Ownership and control. In cases where the protest is based on ownership and control, the Judge will consider a protest only if the protester presents credible evidence that the concern is not 51% owned and controlled by one or more veterans or service-disabled veterans.

(c) Unusual reliance. SBA will consider a protest challenging whether the prime contractor is unusually reliant on a subcontractor that is not CVE verified, or a protest alleging that such subcontractor is performing the primary and vital requirements of a VA procurement contract.

(d) Date for determining eligibility. (1) If the CVE Protest pertains to a procurement, the Judge will determine a protested concern's eligibility for inclusion in the CVE database as of the date of bid or initial offer, including price, and as of the date the CVE Protest was filed.

(2) If the CVE Protest does not pertain to a procurement, the Judge will determine a protested concern's eligibility for inclusion in the CVE database as of the date the CVE Protest was filed.

[83 FR 13629, Mar. 30, 2018, as amended at 84 FR 65666, Nov. 29, 2019]

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