13 CFR § 128.407 - May SBA appeal a contracting officer's decision not to make a procurement available for award as a SDVOSB contract?

---
identifier: "/us/cfr/t13/s128.407"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 128.407 - May SBA appeal a contracting officer's decision not to make a procurement available for award as a SDVOSB contract?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "128.407"
section_name: "May SBA appeal a contracting officer's decision not to make a procurement available for award as a SDVOSB contract?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "128"
part_name: "VETERAN SMALL BUSINESS CERTIFICATION PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 632(q), 634(b)(6), 644, 645, 657f, 657f-1."
regulatory_source: "87 FR 73412, Nov. 29, 2022, unless otherwise noted."
cfr_part: "128"
---


# 128.407 May SBA appeal a contracting officer's decision not to make a procurement available for award as a SDVOSB contract?

The SBA Administrator may appeal a contracting officer's decision not to make a particular requirement available for award as an SDVOSB sole source or a SDVOSB set-aside contract at or above the simplified acquisition threshold.