(a) Timeliness.

1. (1) The Secretary of the VA, or his/her designee, may file a CVE Protest at any time.

2. (2) Where the CVE Protest is in connection with a VA procurement:

   1. (i) An offeror must file a CVE Protest within five business days of notification of the apparent awardee's identity.
   2. (ii) A contracting officer may file a CVE Protest at any time during the life of the VA contract.
3. (3) The rule for counting days is in § 134.202(d).
4. (4) An untimely protest will be dismissed.

(2) Referral to OHA. The contracting officer must forward to OHA any non-premature CVE Protest received, notwithstanding whether he/she believes it is sufficiently specific or timely. The contracting officer must send all CVE Protests, along with a referral letter, directly to OHA, addressed to Office of Hearings and Appeals, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416, by email at OHAfilings@sba.gov, or by facsimile to (202) 205-7059, marked Attn: CVE Protest. The referral letter must include information pertaining to the solicitation that may be necessary for OHA to determine timeliness and standing, including:

1. (i) The solicitation number;
2. (ii) The name, address, telephone number, email address, and facsimile number of the contracting officer;
3. (iii) Whether the contract was sole source or set-aside;
4. (iv) Whether the protester submitted an offer;
5. (v) Whether the protested concern was the apparent successful offeror;
6. (vi) Whether the procurement was conducted using sealed bid or negotiated procedures;
7. (vii) The bid opening date, if applicable;
8. (viii) When the protest was submitted to the contracting officer;
9. (ix) When the protester received notification about the apparent successful offeror, if applicable; and
10. (x) Whether a contract has been awarded.