This text is not in eCFR or DITA. It is extracted from the .docx attachment for Class Deviation 2026-O0037, which directs contracting officers to use it in place of the codified PGI. The parsed text is a convenience layer; the .docx attachment is authoritative.
When making a small business concern nonresponsibility determination, the contracting officer will notify the contracting activity’s small business specialist.
(a) Resolving differences between the agency and the Small Business Administration.
(1) If the contracting officer believes the agency should appeal, the contracting
officer must immediately inform the department or agency director of the Office of Small Business Programs (OSBP) and send to the director, through departmental channels—
(i) A request for appeal, summarizing the issues. The director OSBP must
receive the request within 5 working days after receipt of the SBA Headquarters’ written position; and
(ii) An appeal file, documenting the contracting activity's position. The director
OSBP must receive the appeal file within 5 working days after transmission of the request for appeal.
(2) The department or agency director OSBP will determine whether the agency will
appeal and will notify the SBA of the agency's intent.
Authoritative source
Issued as an attachment to the Office of the Secretary of Defense memorandum for Class Deviation 2026-O0037, signed July 24, 2026. Verify against the attachment before relying on this text.
- .docx attachment for Class Deviation 2026-O0037
- Class Deviation 2026-O0037 memorandum (PDF)
- Class Deviation 2026-O0037 on part52.dev
Codified PGI
No codified counterpart is tracked for PGI 219.204-70. This section exists only in the Class Deviation.