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Size Appeals FAQs
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://www.ecfr.gov/cgi-bin/ECFR?page=browse
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 businesses.
2. What is the time limit for filing a size appeal?
Size appeals must be filed within 15 days of receipt of the size determination. 13 C.F.R. § 134.304(a).
3. To whom must I send a copy of the appeal petition?
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to: (1) the SBA official who issued the determination; (2) the contracting officer for the procurement at issue; (3) the business whose size is at issue; (4) all persons who filed protests; and (5) SBA’s Office of Procurement Law. 13 C.F.R. § 134.305(b).
4. What are the other important rules regulating a size appeal?
The regulations governing size appeals are found at 13 C.F.R. part 121 (size regulations) and part 134 (OHA regulations). To search OHA’s past decisions to help you formulate your argument on appeal, click here.
In addition to the information listed in the FAQs for all OHA appeals, 13 C.F.R. § 134.305(a) requires you to include specific information with a size appeal, most importantly: (1) a copy of the size determination being appealed, and (2) the solicitation number and the name, address, and telephone number of the contracting officer.
13 C.F.R. § 134.308 regulates the submission of new evidence (evidence not previously presented to the Area Office). Generally, you must file a motion (a written request) if you want the judge to consider such evidence. The filing of all motions is governed by 13 C.F.R. § 134.211.
5. What happens after the OHA judge has issued the decision?
A party may file a request for reconsideration with OHA within 20 days after service of the written decision on a size appeal. 13 C.F.R. § 134.227(c).