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) 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) to request a formal size determination where SBA cannot verify it to be small.
    
    
        
        (d) 
        
        (1) 
         The SIC 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 SIC 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 SIC code designation may appeal the designation to SBA's OHA pursuant to  § 121.1103 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).