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