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part52.dev Federal Acquisition Clause Monitor
Deviated Text
This text comes from the Word attachment to class deviation 2026-O0037, not from acquisition.gov. The deviation memo directs contracting officers to use it in place of the codified PGI. The source attachment linked below is authoritative.

Text

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.

Sources: Deviation attachment (.docx) · Codified PGI 219.204-70