OHA Appeals

Checklist For Preparing 8(a) BD Eligibility, Early Graduation, and Termination Appeals

"For Appeals from SBA Determinations on or after September 16, 2002"


NOTE: WE PROVIDE THIS CHECKLIST FOR YOUR CONVENIENCE ONLY.  IT DOES NOT PURPORT TO LIST ALL ITEMS YOUR APPEAL MAY REQUIRE.

  • Appeal Petition contains:
  • Full name of Petitioner (the company) in caption
  • Copy of SBA determination (decision letter) being appealed
  • Statement of basis for OHA's jurisdiction (i.e., denial of program entry under 13 C.F.R. secs. 124.206 and 134.102(j)(1))
  • Allegation that SBA acted arbitrarily, capriciously, or contrary to law in reaching its decision
  • A clear and concise statement of the facts which, it true, would warrant reversal or modification of the determination
  • The reason(s) why SBA's determination is arbitrary, capricious, or contrary to law
  • The relief being sought (i.e., that the Judge should find the SBA acted arbitrarily, capriciously, or contrary to law in denying your company admission into the 8(a) BD program)
  • Name, address, and telephone and facsimile numbers of Petitioner or its attorney
  • Signature of Petitioner's owner, officer, or attorney
  • Certificate of Service
  • Petition is in easily-readable type, preferably at least 12 point
  • Pages are numbered and any attachments are clearly marked
  • Certificate of Service complete and included with Appeal Petition
  • Lists all parties required to be served under 13 C.F.R. sec. 134.403 (see samples)
  • Indicates date, address or fax number where service was made, and method of service
  • Contains name, title, and signature of the individual who served it
  • Complete copy of Petition, including all attachments, for each party to be served
  • Copy of Certificate of Service for each party to be served
  • Each service copy of Appeal Petition is in a separately addressed envelope
    For more information on 8(a) BD Eligibility Appeals, go here.
    For more information on 8(a) BD Early Graduation or Termination Appeals, go here.