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. § 134.308

Limitation on new evidence and adverse inference from non-submission in appeals from size determinations

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(a) Evidence not previously presented to the Area Office which issued the size determination being appealed will not be considered by a Judge unless:

(1) The Judge, on his or her own initiative, orders the submission of such evidence; or

(2) A motion is filed and served establishing good cause for the submission of such evidence. The offered new evidence must be filed and served with the motion.

(b) If the submission of evidence is ordered by a Judge, and the party in possession of that evidence does not submit it, the Judge may draw adverse inferences against that party.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002]
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2018–2024 · leading case: Ideogenics LLC v. United States (Fed. Cl. 2018).
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Ideogenics LLC v. United States (Fed. Cl. 2018). · cites it 3× “” 13 C.F.R. § 134.308 (a). 43 d. The Court’s Resolution.”
Zin Tech., Inc. v. United States (Fed. Cl. 2024). · cites it 3× “13 C.F.R. §§ 134.308 (a), 134.316(c). AR 13144.”
Darton Innovative Tech., Inc. v. United States (Fed. Cl. 2021). · cites it 2× “) In addition to its appeal, Darton filed a motion to supplement the record before the OHA pursuant to 13 C.F.R. § 134.308 (a). (AR 1057.) Darton sought to include five types of evidence: a summary report of procurement activity for NAICS Code 611512 and a fact sheet on the…”
Darton Innovative Tech., Inc. v. United States (Fed. Cl. 2021). · cites it 2× “) In addition to its appeal, Darton filed a motion to supplement the record before the OHA pursuant to 13 C.F.R. § 134.308 (a). (AR 1057.) Darton sought to include five types of evidence: a summary report of procurement activity for NAICS Code 611512 and a fact sheet on the…”
— 13 C.F.R. § 134.308(a) — 2 cases
Ideogenics LLC v. United States (Fed. Cl. 2018). “” 13 C.F.R. § 134.308 (a). 43 d. The Court’s Resolution.”
Zin Tech., Inc. v. United States (Fed. Cl. 2024). “13 C.F.R. §§ 134.308 (a), 134.316(c). AR 13144.”
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