OHA Appeals

Size Appeals
Frequently Asked Questions

DISCLAIMER: WE PROVIDE THIS INFORMATION ON OUR HOME PAGE TO FACILITATE THE PREPARATION OF AN APPEAL. THE INFORMATION IS NOT INTENDED TO PROVIDE ALL AVAILABLE INFORMATION REGARDING APPEALS.

1. What is a size appeal?

A size appeal is an appeal from a formal size determination made by an SBA Government Contracting Area Office, or by an SBA Disaster Area Office.  A size determination may result from the protest of a firm's size status in connection with a small-business set-aside contract, or from a request to determine eligibility for programs benefiting small business


2. I want to appeal a size determination.  What must I do?

  • Read the SBA regulations governing size appeals at 13 C.F.R. Part 134, secs. 134.101-134.317.  These regulations tell you what information must be in the appeal petition (sec. 134.203); how to file and serve the appeal (sec. 134.204), who may represent your company if you don't have a lawyer (sec. 134.208); and how to calculate the filing deadline (secs. 134.304 and 134.103(a)), among other things. 
  • Argue in writing why you think the size determination is wrong.  Use the SBA's regulations governing SBA size determinations at 13 C.F.R. Part 121, and OHA's past decisions to help you formulate your legal argument. Cite particular regulatory sections by number, and cite particular OHA decisions by case name and 4-digit decision number.  To search OHA's past decisions, click here. 
  • Include any necessary attachments.  Note: Any document already submitted to the Area Office does not need to be re-submitted on appeal. 
  • Read sec. 134.308 if you are submitting new evidence, and sec. 134.311 if you are requesting an oral hearing. 
  • Prepare any necessary motions (written requests).  See sec. 134.211.  Motions are needed if you are submitting new evidence (sec. 134.308) or requesting an oral hearing (134.311). 
  • Prepare a signed certificate of service stating to whom you served the appeal petition, the method used, and the date.  See sec. 134.204.  For a sample certificate of service, click here.   
  • Serve your appeal petition and a copy of the certificate of service to all parties as directed in secs. 134.204 and 134.305.
  • File the appeal petition ON TIME.  OHA Judges MUST dismiss untimely size appeals.


3.   I have filed my size appeal. Now what happens?

The OHA Judge assigned to your appeal will issue a Notice and Order setting the close of record.  An appeal is decided in a written decision or order setting out the pertinent issues, findings of fact (based on the record), and conclusions of law (based on statute, regulation, and prior case law).  The Judge will rule on any pending motions either in one or more orders or in the decision. 

OHA staff cannot estimate the time a Judge will take to decide your appeal.

4. What happens after the OHA Judge has issued the decision?

A party may file with OHA a request for reconsideration within 20 days after service of the written decision.  See sec. 134.227(c).  After that, the decision becomes final and the only remedy is to file a lawsuit in Federal court.