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. § 134.305

The appeal petition

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(a) Form. There is no required format for an appeal petition. However, it must include the following information:

(1) In a size appeal, a copy of the size determination being appealed;

(2) The solicitation or contract number, and the name, address, and telephone number of the contracting officer;

(3) A full and specific statement as to why the size determination or NAICS code designation is alleged to be in error, together with argument supporting such allegations; and

(4) The name, address, telephone number, facsimile number, and signature of the appellant or its attorney.

(b) Service of size determination appeals. The appellant must serve the appeal petition upon each of the following:

(1) The SBA official who issued the size determination;

(2) The contracting officer responsible for the procurement affected by a size determination;

(3) The business concern whose size status is at issue;

(4) All persons who filed protests; and

(5) SBA's Office of General Counsel, Associate General Counsel for Procurement Law, 409 Third Street, SW., Washington, DC 20416, facsimile (202) 205-6873, or e-mail at [email protected].

(c) Service of NAICS appeals. The appellant must serve:

(1) The contracting officer who made the NAICS code designation; and

(2) SBA's Office of General Counsel, Associate General Counsel for Procurement Law, 409 Third Street, SW., Washington, DC 20416, facsimile (202) 205-6873, or e-mail at [email protected].

(d) Certificate of service. The appellant must attach to the appeal petition a signed certificate of service meeting the requirements of § 134.204(d).

(e) Dismissal. An appeal petition which does not contain all of the information required in paragraph (a) of this section may be dismissed, with or without prejudice, by the Judge at his or her own initiative, or upon motion of a respondent.

[61 FR 2683, Jan. 29, 1996, as amended at 65 FR 57542, Sept. 25, 2000; 67 FR 47250, July 18, 2002; 69 FR 29208, May 21, 2004; 75 FR 47442, Aug. 6, 2010]
Notes of Decisions
Cited in 3 cases, 2002–2006 · leading case: Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006).
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Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). · cites it 3× “13 C.F.R. § 134.305 (c). Upon receipt of the appeal petition, the contracting officer is required immediately to send OHA a paper copy of both the original solicitation relating to that procurement and all amendments.”
Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). · cites it 2× “13 C.F.R. §§ 134.305 ; 134.311. Upon receipt of a NAICS code appeal, SBA-OHA will notify the CO by a notice and *27 order.”
Advanced Sys. Tech., Inc. v. United States, 74 Fed. Cl. 171 (Fed. Cl. 2006). “AST shall serve any supplemental submissions as required by 13 C.F.R. § 134.305 (c). Upon receipt of AST’s supplemental submissions, if any, the Government will provide notice to all interested parties on Solicitation No.”
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