C.F.R. » Title 13 » CHAPTER I—SMALL BUSINESS ADMINISTRATION › PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS › Subpart C—Rules of Practice for Appeals From Size Determinations and NAICS Code Designations

13 C.F.R. § 134.302

Who may appeal

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Appeals from size determinations and NAICS code designations may be filed with OHA by the following, as applicable:

(a) Any person adversely affected by a size determination;

(b) Any person adversely affected by a NAICS code designation. However, with respect to a particular sole source 8(a) contract, only the Director, Office of Business Development may appeal a NAICS code designation;

(c) The Associate or Assistant Administrator for the SBA program involved, through SBA's Office of General Counsel; or

(d) The procuring agency contracting officer responsible for the procurement affected by a size determination.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002; 74 FR 45754, Sept. 4, 2009; 75 FR 47442, Aug. 6, 2010]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1999–2022 · leading case: Palladian Partners, Inc. v. United States, 783 F.3d 1243 (Fed. Cir. 2015).
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Palladian Partners, Inc. v. United States, 783 F.3d 1243 (Fed. Cir. 2015). “13 C.F.R. § 134.302 (b). When a NAICS code appeal is filed, the contracting officer must advise the public of the existence of the appeal and “the procedures and deadline for interested parties to file and serve arguments concerning the appeal.”
Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). “13 C.F.R. § 134.302 . There is no required format for an appeal petition.”
DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). “See 13 C.F.R. § 134.302 . In the context of a pending procurement, that individual must seek an appeal with the OHA within fifteen days from the formal size determination’s release, see 13 C.”
Straughan Env't, Inc. v. United States, No. 15-1217 (Fed. Cl. Nov. 6, 2017). · cites it 2× “520; Standing of Adverse Defendant, ) Party, 13 C.F.R. § 134.302 (a); ) Injunctive Relief and ) ) INTEGRATED MISSION SUPPORT ) SERVICES, LLC, ) ) Defendant-Intervenor.”
Focus Revision Partners v. United States, No. 22-657 (Fed. Cl. Sept. 12, 2022). · cites it 2× “is not an eligible offeror for this procurement and apparently did not submit a proposal for this procurement,” and, thus, the “size appeal has been filed by an entity that is not adversely affected by [the] Size Determination,” in accordance with 13 C.F.R. § 134.302 (a). AR…”
Focus Revision Partners v. United States, No. 22-657 (Fed. Cl. Sept. 12, 2022). · cites it 2× “is not an eligible offeror for this procurement and apparently did not submit a proposal for this procurement,” and, thus, the “size appeal has been filed by an entity that is not adversely affected by [the] Size Determination,” in accordance with 13 C.F.R. § 134.302 (a). AR…”
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