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OHA Appeal

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The Office of Hearings and Appeals is an independent body that hears cases where individuals and companies are in disagreement with the SBA or other federal agencies about a determination that has been made. For certifications, the appeal petition is used when you feel an SBA denial of a certification request is incorrect. The appeal should include any evidence that supports your arguments for a reversal of the decision.

In the appeal it must state the following information:

  1. Why OHA has jurisdiction. In the case of 8a certification, this is limited to issues involving economic disadvantage, social disadvantage, ownership and control.
  2. Copy of the SBA determination being appealed. In NAICS code appeal cases, the identity of the solicitation being appealed.
  3. Clear and constant statement of facts.
  4. Relief sought.
  5. Name, address, phone and fax numbers, email addresses and signature
  6. Certificate of service.

(*Excluding attachments, the appeal cannot exceed 20 pages.)

If you would like to research past cases, that information can be found at the following: http://www.sba.gov/oha/3393

It is critical as part of the OHA appeal process that you pay strict attention to the timeframes involved, as they differ based upon the type of appeal being filed. Below is the list of appeal filing deadlines.

OHA Appeal Type Time to Appeal Applicable Regulations
8(a) Appeal 45 calendar days 13 C.F.R. 134.404
SDVO SBC Appeal 10 business days 13.C.F.R. 134.503
13 C.F.R. 134.505(b)
WOSB and EDWOSB Appeals 10 business days 13C.F.R. 134.703
13 C.F.R. 134.705
Size Appeal 15 calendar days 13.C.F.R. Part 121
13 C.F.R. Part 134 101-317
NAICS Code Appeal 10 calendar days 13 C.F.R. 134.404

 

We work with attorneys who are very skilled at developing the arguments necessary to file a successful OHA Appeal. If you would like for us to do an evaluation as to whether or not we think your appeal is worth consulting with an attorney, please feel free to give us a call.

 

Ask an expert : Mark

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