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. § 134.316

The decision

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(a) The Judge shall issue a size appeal decision, insofar as practicable, within 60 calendar days after close of the record.

(b) The Judge shall issue a NAICS code appeal decision as soon as practicable after close of the record.

(c) Contents. Following closure of the record, the Judge will issue a decision containing findings of fact and conclusions of law, reasons for such findings and conclusions, and any relief ordered. The Judge will not decide substantive issues raised for the first time on appeal, or which have been abandoned or become moot.

(d) Finality. The decision is the final decision of the SBA and becomes effective upon issuance. Where a size appeal is dismissed, the Area Office size determination remains in effect.

(e) Service. OHA will serve a copy of all written decisions on:

(1) Each party, or, if represented by counsel, on its counsel; and

(2) SBA's General Counsel, or his or her designee, if SBA is not a party.

(f) Reconsideration. The decision in a NAICS code appeal may not be reconsidered.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002; 69 FR 29209, May 21, 2004; 76 FR 5685, Feb. 2, 2011]
Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1999–2025 · 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). · cites it 6× “” 13 C.F.R. § 134.316 (d) & (f). If OHA grants the appeal and changes the NAICS code, “and the contracting officer receives OHA’s decision by the date offers are due, the contracting officer must amend the solicitation to reflect the new NAICS code.”
Ceres Env't Servs., Inc. v. United States, 52 Fed. Cl. 23 (Fed. Cl. 2002). · cites it 3× “13 C.F.R. § 134.316 (b). 6 3. Ceres I Appeal On January 11, 2002, Ceres appealed, to the SBA-OHA, the CO’s selection of NAICS 562119 (Other Waste Collection) for Solicitation No.”
Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). · cites it 3× “” 13 C.F.R. § 134.316 (a). This decision is final and may not be reconsidered.”
DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). “See 13 C.F.R. § 134.316 (b) (“The decision [of the OHA] is the final decision of the SBA and becomes effective upon issuance.”
Int'l Mgmt. Servs., Inc. v. United States, 80 Fed. Cl. 1 (Fed. Cl. 2007). “” 13 C.F.R. § 134.316 (a)-(b). If the OHA dismisses the appeal, “the Area Office size determination remains in effect.”
Red River Serv. Corp. v. United States, 60 Fed. Cl. 532 (Fed. Cl. 2004). “See 13 C.F.R. § 134.316 . 2. The Jurisdiction Of The United States Court Of Federal Claims Under The Tucker Act.”
Palladian Partners, Inc. v. United States, 119 Fed. Cl. 417 (Fed. Cl. 2014). · cites it 3× “(citing 13 C.F.R. § 134.316 (d) (2014)). On April 4, 2014, two days after the Information Ventures decision was issued by the Small Business Administration Office of Hearings and Appeals, the contracting officer issued Amendment 3 to the solicitation, changing the NAICS code…”
Iei-Cityside Jv v. United States, 122 Fed. Cl. 750 (Fed. Cl. 2015). “See 13 C.F.R. § 134.316 (d) (decision of the OHA is the final decision of the SBA).”
Orion Constr. Corp. v. United States, 125 Fed. Cl. 668 (Fed. Cl. 2016). “In conclusion, the OHA stated that its determination was the final decision of the SBA pursuant to 13 C.F.R. § 134.316 (d). AR 2358. After receiving the OHA decision, Orion asked the agency to disregard it on the ground that “FAR 19.”
Paradigm Engineers & Constructors, Pllc v. United States (Fed. Cl. 2020). · cites it 2× “If a NAICS Code designation is challenged, the OHA’s decision is final, 13 C.F.R. § 134.316 (d), (f), unless appealed to a court.”
Vets. Tech. LLC v. United States (Fed. Cl. 2018). “See 13 C.F.R. § 134.316 (d) (“The [SBA OHA’s] decision is the final decision of the SBA[.”
Kingfisher Sys., Inc. v. United States (Fed. Cl. 2019). “” 13 C.F.R. § 134.316 (d). The SBA’s determination regarding size status is “binding on the contracting officer, as to whether the offeror is a small business.”
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