SBA Office of Hearings and Appeals

OHA has exclusive jurisdiction over appeals from formal SBA size determinations, appeals of NAICS code designations assigned to solicitations, petitions challenging SBA size standard rules, appeals of Women-Owned Small Business (WOSB) and HUBZone certification decisions, and appeals of 8(a) program eligibility determinations. OHA does NOT have jurisdiction over evaluation errors, technical scoring, or other general procurement issues.

Size protests must be filed within 5 business days of initial notification of the identity of the apparent successful offeror. NAICS code appeals must be filed within 10 calendar days after issuance of the solicitation or amendment changing the NAICS code. Size standard petitions must be filed within 30 calendar days of publication of a final rule establishing or revising a size standard. Deadlines are strictly enforced.

1. 1.For size protests, file with the contracting officer who forwards the protest to the SBA Area Office for investigation
2. 2.SBA Area Office investigates the challenged firm's size, including revenue/employee counts and affiliation with other entities
3. 3.SBA Area Office issues a formal size determination — either finding the firm small or other-than-small
4. 4.Either party may appeal the Area Office determination to OHA within 15 calendar days
5. 5.For NAICS code appeals, file directly with OHA identifying the solicitation, current code, proposed code, and factual basis
6. 6.OHA assigns an Administrative Judge who reviews the record and may request additional information
7. 7.Administrative Judge issues a written decision that is binding on the parties and the contracting officer
8. 8.OHA decisions can be further appealed to federal district court or the SBA Administrator in limited circumstances

13 CFR Part 134 (Rules of Procedure); Small Business Act (15 U.S.C. 631 et seq.); SBA regulations at 13 CFR Parts 121, 124, 125, 126, 127