(h) Certificate of Competency. A concern which has been issued a Certificate of Competency is a small business concern for the purpose of SBA financial assistance. (i) Other standards. If a concern is engaged in the production of a number of products or the providing of a variety of services which are classified into different industries, the appropriate standard to be used is that which has been established for the industry or activity in which it is primarily engaged. If no standard for an industry or activity has been set out in this Regulation, a concern seeking a size determination should apply for a Small Business Certificate. § 130.5 Protest of small business status. (a) A bidder or offerer may, prior to award, question the small business status of the apparently successful bidder or offerer by sending a written protest to the contracting officer and to the SBA Regional Office for the region in which the apparently successful bidder or offerer has its principal place of business. Such protest shall contain a statement of the basis for the protest and available supporting facts. SBA will promptly notify the contracting officer of the date such protest was received and will advise the bidder in question that its size status is under review. (b) The contracting officer in a specific Government procurement may, prior to award, question the small business status of the apparently successful bidder or offerer by sending a written notice to the SBA Regional Office for the region in which the bidder or offerer has its principal place of business. Such notice shall contain a statement of the basis for such notice and available supporting facts. SBA will promptly notify the contracting officer of the date such notice was received and will advise the bidder in question that its size status is under review. (c) The SBA will as soon as possible and within not more than 10 working days after receipt of a protest or notice investigate and determine the small business status of the concern and notify the contracting officer and the concern of its decision. § 103.6. Appeals. (a) Any concern which has been denied small business status by SBA may file an appeal with the Regional Office which issued the denial. The appeal must be in writing, signed by the applicant, and shall contain the basis therefor together with any new supporting facts. The Regional Director shall forward the appeal, together with his comments and appropriate files, to the Chairman, Size Standards Committee, Small Business Administration, Washington 25, D. C. (b) The filing of an appeal shall not extend or in any other way modify the time limit for determinations as set forth in § 103.5 (c). Dated: November 30, 1956. WENDELL B. BARNES, Administrator. SCHEDULE A.-Employment size standards pursuant to § 103.4 (a) (3) |