SDVOSB Protests Cannot Be Filed By Telephone

If you want to file a SDVOSB protest with the SBA, put down the cell phone, because you cannot phone it in.

The SBA’s regulations governing size protests permit a protester to “file” its protest by telephone (and follow up by putting the protest in writing).  But the same regulations do not apply to protests of a service-disabled veteran-owned small business’s eligibility.

In SDVOSB Appeal of Veterans Construction of South Carolina, LLC, SBA No. VET-164 (2009), the SBA Office of Hearings and Apepals held that the regulation governing SDVOSB eligibility protests “simply does not allow protests by telephone.”  SBA OHA upheld the SBA’s dismissal of a SDVOSB  protest because the protester had attempted to file by telephone.

When it comes to SDVOSB protests, the rule is simple: put it in writing.

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