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. § 134.304

Commencement of appeals from size determinations and NAICS code designations

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(a) Size appeals must be filed within 15 calendar days after receipt of the formal size determination.

(b) NAICS code appeals must be filed within 10 calendar days after issuance of the solicitation, or amendment to the solicitation affecting the NAICS code or size standard. However, SBA may file a NAICS code appeal at any time before offers or bids are due.

(c) An untimely appeal will be dismissed.

[76 FR 5685, Feb. 2, 2011]
Notes of Decisions
Cited in 8 cases, 1999–2020 · leading case: Validata Chem. Servs. v. United States Dep't of Energy, 169 F. Supp. 3d 69 (D.D.C. 2016).
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Validata Chem. Servs. v. United States Dep't of Energy, 169 F. Supp. 3d 69 (D.D.C. 2016). · cites it 2× “3 It also argued that the requirement in 13 C.F.R. § 134.304 (b) that a NAICS code appeal be filed and served within 10 days of the issuance of the solicitation or an amendment to the solicitation affecting the NA-ICS code or size standard did not apply because the subcontract…”
Outdoor Venture Corp. v. United States, 100 Fed. Cl. 146 (Fed. Cl. 2011). · cites it 3× “2, 2011) (to be codified at 13 C.F.R. § 134.304 (a)). Because OVC received the determination on April 6, 2011, 3 see Compl.”
DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). “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.F.R. § 134.304 (a)(1), following which the prospective awardee has ten days to file an opposition to the appeal…”
CS-360, LLC v. United States Small Bus. Admin., 20 F. Supp. 3d 104 (D.D.C. 2013). · cites it 8× “On November 1, 2012, OHA issued an Order to Show Cause as to why Plaintiffs appeal should not be dismissed as untimely under 13 C.F.R. § 134.304 (a) because it was not filed within fifteen days after the date CS-360.”
Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). “13 C.F.R. § 134.304 (a)(3), OHA will summarily dismiss any untimely appeals.”
Pride Int'l, LLC v. United States, 64 Fed. Cl. 754 (Fed. Cl. 2005). · cites it 2× “13 C.F.R. § 134.304 (a)(1). A party disputing an NAICS code designation must file an appeal within ten days after the issuance of either the initial solicitation or the amendment.”
Third Coast Fresh Distrib., L.L.C. (A.S.B.C.A. 2016). “Once TCF's 15 days to appeal to OHA expired (see 13 C.F.R. § 134.304 (a)), the contracting officer was required to terminate the contract pursuant to 13 C.”
Paradigm Engineers & Constructors, Pllc v. United States (Fed. Cl. 2020). “The ten-day appeal deadline is set by regulation, 13 C.F.R. § 134.304 (b) and FAR 19.303(c)(1), and Paradigm filed its appeal within that deadline.”
— 13 C.F.R. § 134.304(a)(1) — 1 case
Outdoor Venture Corp. v. United States, 100 Fed. Cl. 146 (Fed. Cl. 2011). “2, 2011) (to be codified at 13 C.F.R. § 134.304 (a)). Because OVC received the determination on April 6, 2011, 3 see Compl.”
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