8(a) Appeals

Program Regulations and Rules of Procedure

Please visit http://ecfr.gpoaccess.gov to find the most up-to-date regulations. The 8(a) program regulations are found at Title 13 of the Code of Federal Regulations, Part 124. OHA’s procedural rules are found at Title 13 of the Code of Federal Regulations, Part 134.

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

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.

For the most up-to-date versions of the regulations cited here, please visit http://ecfr.gpoaccess.gov/

An appeal petition contains:

  • The full name of the company (the petitioner); 

  • A copy of the SBA determination being appealed; 

  • A statement of basis for OHA’s jurisdiction (i.e., denial of program entry under 13 C.F.R. §§ 124.206 and 134.102(j)(1)); 

  • An allegation that SBA acted arbitrarily, capriciously, or contrary to law in reaching its decision;  

  • A clear and concise statement of the facts which, if 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 the company admission into the 8(a) BD program); 

  • Name, address, email, and telephone and facsimile numbers of petitioner or its attorney;  

  • Signature of petitioner’s owner, officer, or attorney; and 

  • A certificate of service.

The appeal petition should be easily-readable, pages should be numbered, and any attachments clearly marked.

Provide a complete copy of the appeal petition, including all attachments, and a copy of the certificate of service for each party to be served.

The certificate of service included with the appeal petition must:

  • List all parties required to be served under 13 C.F.R. § 134.403; 

  • Indicate the date, address, email, or fax number where service was made, and method of service used; and 

  • Contain the name, title, and signature of the individual who served the document.

Sample Certificates of Service

Sample Eligibility Certificate of Service

Sample Early Graduation/Termination Certificate of Service

Sample Suspension Certificate of Service

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