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. § 134.306

Transmission of the case file and solicitation

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(a) Upon receipt of an appeal petition pertaining to a size determination, the Area Office which issued the size determination must immediately send to OHA the entire case file relating to that determination.

(b) Upon receipt of an appeal petition pertaining to a NAICS code designation, or a size determination made in connection with a particular procurement, the procuring agency contracting officer must immediately send to OHA an electronic link to or a paper copy of both the original solicitation relating to that procurement and all amendments.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002; 75 FR 47442, Aug. 6, 2010]
Notes of Decisions
Cited in 4 cases, 2002–2019 · leading case: Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002).
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Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). · cites it 3× “303(c)(4); 13 C.F.R. § 134.306 . The CO may, but is not required to, respond to the appeal by submitting argument and evidence.”
Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). “13 C.F.R. § 134.306 (b). Contents of the Appeal Petition There is no required format for an appeal petition, but it must include: (1) the name of the contracting officer who designated the NAICS code, (2) the solicitation or contract number with the name, address, and telephone…”
Ideogenics LLC v. United States (Fed. Cl. 2018). “See 13 C.F.R. § 134.306 (b) (“[T]he procuring agency contracting officer must immediately send to [the SBA] OHA an electronic link to or a paper copy of both the original solicitation relating to that procurement and all amendments.”
Advanced Concepts Enter., Inc. v. United States (Fed. Cl. 2019). “13 C.F.R. § 134.306 requires the CO to send OHA “an electronic link to or a paper copy of both the original solicitation relating to that procurement and all amendments.”
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