---
kind: "section"
citation: "13 C.F.R. § 124.517"
title: "13"
number: "124.517"
heading: "Can the eligibility or size of a Participant for award of an 8(a) contract be questioned?"
url: "https://uscodex.org/cfr/13/124.517"
---

# §124.517. Can the eligibility or size of a Participant for award of an 8(a) contract be questioned?

- (a) The eligibility of a Participant for a sole source or competitive 8(a) requirement may not be challenged by another Participant or any other party, either to SBA or any administrative forum as part of a bid or other contract protest.
- (b) The size status of the apparent successful offeror for a competitive 8(a) procurement may be protested pursuant to [§ 121.1001(a)(2)](/cfr/13/121.1001.md?p=a-2) of this chapter. The size status of a nominated Participant for a sole source 8(a) procurement may not be protested by another Participant or any other party.
- (c) A Participant cannot appeal SBA's determination not to award it a specific 8(a) contract because the concern lacks an element of responsibility or is ineligible for the contract, other than the right set forth in [§ 124.501(h)](/cfr/13/124.501.md?p=h) to request a formal size determination where SBA cannot verify it to be small.
- (d)
  - (1) The NAICS code assigned to a sole source 8(a) requirement may not be challenged by another Participant or any other party either to SBA or any administrative forum as part of a bid or contract protest. Only the AA/BD may appeal a NAICS code designation with respect to a sole source 8(a) requirement.
  - (2) In connection with a competitive 8(a) procurement, any interested party who has been adversely affected by a NAICS code designation may appeal the designation to SBA's OHA pursuant to [§ 121.1103](/cfr/13/121.1103.md) of this title.
- (e) Anyone with information questioning the eligibility of a Participant to continue participation in the 8(a) BD program or for purposes of a specific 8(a) contract may submit such information to SBA under [§ 124.112(c)](/cfr/13/124.112.md?p=c).

## Notes

### Amendments

[63 FR 35739, June 30, 1998, as amended at 74 FR 45754, Sept. 4, 2009]

### Authority

Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d), 644, 42 U.S.C. 9815; and Pub. L. 99-661, 100 Stat. 3816; Sec. 1207, Pub. L. 100-656, 102 Stat. 3853; Pub. L. 101-37, 103 Stat. 70; Pub. L. 101-574, 104 Stat. 2814; Sec. 8021, Pub. L. 108-87, 117 Stat. 1054; and Sec. 330, Pub. L. 116-260.

### Source

Source: 63 FR 35739, June 30, 1998, unless otherwise noted.

### Amendments

[63 FR 35739, June 30, 1998, as amended at 74 FR 45754, Sept. 4, 2009]