13 C.F.R. § 121.1101 Are formal size determinations subject to appeal?
Title 13 - Business Credit and Assistance
(a) Appeals from formal size determinations may be made to OHA. Unless an appeal is made to OHA, the size determination made by a SBA Government Contracting Area Office or Disaster Area Office is the final decision of the agency. The procedures for appealing a formal size determination to OHA are set forth in part 134 of this chapter. The OHA appeal is an administrative remedy that must be exhausted before judicial review of a formal size determination may be sought in a court. (b) OHA will not review a formal size determination where the contract has been awarded and the issue(s) raised in a petition for review are contract specific, such as compliance with the nonmanufacturer rule (see §121.406(b)), or joint venture or ostensible subcontractor rule (see §121.103(h)). [69 FR 29207, May 21, 2004]
Title 13: Business Credit and Assistance
PART 121—SMALL BUSINESS SIZE REGULATIONS
Subpart A—Size Eligibility Provisions and Standards
Appeals of Size Determinations and NAICS Code Designations
§ 121.1101 Are formal size determinations subject to appeal?
