Time limits for filing an appeal
You must file your size appeal with the Office of Hearings and Appeals (OHA) within 15 calendar days of receiving the size determination. 13 C.F.R. 134.304(a). OHA must receive your appeal by 5 p.m. ET on the 15th day.
Where to file
We accept appeals by email at email@example.com or fax at 202-205-7059. Appeals sent to other email addresses and other fax numbers are not formal filings.
We also accept appeals via the Hearing and Appeals Submission Upload (HASU) Application. Please note that submitting an appeal using HASU is not required and HASU is only used to transmit the appeal to OHA. The submitter is responsible for serving a copy of the appeal to all appropriate parties. If you submitted your appeal using another method (email, fax, mail), you do not need to submit the appeal using HASU.
Submissions via HASU must be in PDF format and cannot be larger than 100MB. Please call OHA at 202-401-8200 to confirm that we received your filing.
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to:
- The U.S. Small Business Administration (SBA) official who issued the determination
- The contracting officer for the procurement at issue
- The business whose size is at issue
- All persons who filed protests; and
- SBA’s Office of General Counsel, Associate General Counsel for Procurement Law, 13 C.F.R. 134.305(b)4
What to include with your appeal
- A certificate of service, 13 C.F.R. 134.204(d). The certificate of service shows that you sent a copy of your appeal to the people in the paragraph above. View a sample certificate of service for a size appeal.
- A copy of the size determination being appealed.
Your appeal should contain:
- The solicitation number
- The contracting officer’s name and contact information
- Your name and contact information; and
- The factual basis of your case, legal argument as to why the size determination is in error, and requested relief (how you want OHA to decide the case), 13 C.F.R. 134.203 and 305(a)
Rules and regulations
The regulations governing size appeals are available at 13 C.F.R. 121. OHA’s regulations are available at 13 C.F.R. 134.101-317. You may search OHA’s decisions interpreting these regulations in our database and cite these decisions in your appeal. View a list of some of our most frequently cited decisions of size appeals.
The OHA judge assigned to your appeal will issue a notice and order setting a date for the close of record. All arguments and supporting documents must be received at OHA by this date. If you do not receive a notice and order within a few days, call OHA at 202-401-8200. If practicable, the judge will decide the case and issue a written decision within 60 days of the close of record.