13 C.F.R. § 121.1101
Are formal size determinations subject to appeal?
(a) Appeals from formal size determinations may be made to OHA. Unless an appeal is made to OHA, the size determination made by a SBA Government Contracting Area Office or Disaster Area Office is the final decision of the agency. The procedures for appealing a formal size determination to OHA are set forth in part 134 of this chapter. The OHA appeal is an administrative remedy that must be exhausted before judicial review of a formal size determination may be sought in a court.
(b) OHA will review all timely appeals of size determinations.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 1999–2026 · leading case: DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999).
DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). “See also 13 C.F.R. § 121.1101 (“OHA ... may, in its sole discretion, review a formal size determination made by a SBA Government Contracting Area Office____”).”
Int'l Mgmt. Servs., Inc. v. United States, 80 Fed. Cl. 1 (Fed. Cl. 2007). “302(i), but if no appeal is taken, the Area Office’s size determination “is the final decision of the agency,” 13 C.F.R. § 121.1101 (a); accord id. § 121.”
Q Integrated Companies, LLC v. United States, 126 Fed. Cl. 124 (Fed. Cl. 2016). “Sage also asserted that because SBA had previously determined, in a decision on November 4, *139 2015, that Sage was a small business for the purposes of the HUD solicitation, and because this decision was not appealed within the designated time, the prior decision constituted…”
Harmonia Holdings Grp., LLC v. United States, 999 F.3d 1397 (Fed. Cir. 2021). “See 13 C.F.R. § 121.1101 (a) (explaining that an offeror may appeal a for- mal size determination made by an SBA Government Con- tracting Area Office to the SBA’s Office of Hearings and Appeals (“OHA”) and that “[t]he OHA appeal is an admin- istrative remedy that must be…”
Taylor Consultants, Inc. v. United States, 90 Fed. Cl. 531 (Fed. Cl. 2009). “Importantly, 13 C.F.R. § 121.1101 provides explicitly that this administrative remedy “must be exhausted before judicial review of a formal size determination may be sought in a court.”
22nd Century Tech., Inc. v. United States, 57 F.4th 993 (Fed. Cir. 2023). “3d at 1402 ; see 13 C.F.R. § 121.1101 (a) (“The OHA appeal is an administrative remedy that must be ex- hausted before judicial review of a formal size determina- tion may be sought in a court.”
LB & B Assocs. Inc. v. United States, 68 Fed. Cl. 765 (Fed. Cl. 2005). “LB & B does not dispute that it was obligated to exhaust its administrative remedies, but argues that it has exhausted all remedies to make the September 28, 2005 OHA decision ripe for review by this court.”
White Hawk Grp., Inc. v. United States, 91 Fed. Cl. 669 (Fed. Cl. 2010). “See 13 C.F.R. § 121.1101 (describing appeal of size determination to SBA’s Office of Hearings and Appeals (OHA)).”
Orion Constr. Corp. v. United States, 125 Fed. Cl. 668 (Fed. Cl. 2016). “25 , *675 32-33 (2004); 13 C.F.R. § 121.1101 (a)). Finally, it is not disputed that Orion has standing to pursue this case as an “interested party” under the Tucker Act.”
Harmonia Holdings Grp., LLC v. United States (Fed. Cl. 2020). “The procedures for appealing a formal size determination to OHA are set forth in part 134 of this chapter [Chapter 1]. The OHA appeal is an administrative remedy that must be exhausted before judicial review of a formal size determination may be sought in a court.”
Safeguard Base Operations, LLC v. United States (Fed. Cl. 2019). “61 The regulation at 13 C.F.R. § 121.1101 states: Appeals from formal size determinations may be made to OHA [SBA Office of Hearings and Appeals].”
Third Coast Fresh Distrib., L.L.C. (A.S.B.C.A. 2016). “See 13 C.F.R. §§ 121.1101 ; 134.102(k), 134.304(a); FAR 19.”
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