SBA Size Appeals
Filing
If a party wants to challenge a size protest decision by the SBA Area Office, it may appeal to the SBA’s Office of Hearings and Appeals (OHA). The appeal must be filed within 15 days of receipt of the size determination. 13 CFR §134.304(a) A copy of the appeal petition and all attachments must be sent 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.
Standard of Review on Appeal
The company appealing has the burden of proving, by a preponderance of the evidence, all elements of its appeal. Specifically, it must prove the Area Office size determination is based on a clear error of fact or law. 13 C.F.R. §134.314; Size Appeal of Procedyne Corp., SBA No. SIZ-4354, at 4-5 (1999)
The Office of Hearing and Appeals will overturn the Area Office’s size determination only if the Administrative Judge, after reviewing the record and pleadings, has a definite and firm conviction the Area Office erred in key findings of law or fact. Size Appeal of Taylor Consultants, Inc., SBA No. SIZ-4775, at 11 (2006)
The rules of procedure for appealing a size determination can be found at 13 CFR §134.301. SBA Size Appeal Rules of Procedure
