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Appeals from Women-Owned Small Business Concern (WOSB) and Economically Disadvantaged WOSB (EDWOSB) Concern Protests
1. What is the time limit for filing a WOSB appeal?
You must file your WOSB appeal with OHA within 10 business days of receiving the protest determination. 13 C.F.R. § 134.703. OHA must receive your appeal by 5 pm EST on the tenth business day.
2. Where must I file my appeal?
We now accept appeals via the Hearing and Appeals Submission Upload (HASU) Application. The HASU can be found here (https://HASU.sbax.sba.gov). 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 must be in PDF format and cannot be larger than 20MB. HASU will provide you with a timestamp showing when the appeal was submitted. Please call OHA at (202) 401-8200 to confirm that we received your filing.
3. What else must I do?
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to:
- The SBA Director of Government Contracting
- The contracting officer for the procurement at issue
- The protested concern or protester
- SBA’s Office of Procurement Law, 13 C.F.R. § 134.705
4. What must I include with my 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. Here is a sample certificate of service for a WOSB or EDWOSB appeal.
- A copy of the protest determination
5. What must I put in my appeal?
- The solicitation number
- The contracting officer’s name and contact information
- Your name and contact information
- The factual basis of your case, statement and supporting legal argument as to why the protest determination is in error, and requested relief (how you want OHA to decide the case), 13 C.F.R. §§ 134.203 and 705
6. What rules and regulations will OHA use when deciding my appeal, and where can I find them?
The WOSB and EDWOSB program regulations are available at 13 C.F.R. part 127. OHA’s regulations are available at 13 C.F.R. §§ 134.101-229 and 701-715. You may search OHA’s decisions interpreting these regulations in our database and cite to these decisions in your appeal.
7. I have filed my appeal. Now what happens?
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 15 business days of the close of record.