Regulations last checked for updates: Oct 17, 2024

Title 13 - Business Credit and Assistance last revised: Oct 01, 2024
§ 134.1305 - What are the requirements for an appeal petition?

(a) Format. An appeal from a HUBZone status protest determination must be in writing. There is no required format for an appeal petition. However, it must include the following information:

(1) A copy of the protest determination;

(2) The date the appellant received the protest determination;

(3) A statement that the petitioner is appealing a HUBZone status protest determination issued by the D/HUB;

(4) A full and specific statement as to why the HUBZone status protest determination is alleged to be based on a clear error of fact or law, together with argument supporting such allegation;

(5) The solicitation number, the contract number (if applicable), and the name, address, and telephone number of the contracting officer; and

(6) The name, address, telephone number, facsimile number, and signature of the appellant or its attorney.

(b) Service of appeal. Concurrent with filing the appeal with OHA ([email protected]), the appellant must serve copies of the entire appeal petition upon each of the following:

(1) The D/HUB at [email protected];

(2) The contracting officer responsible for the procurement affected by a HUBZone determination;

(3) The protested concern (the business concern whose HUBZone status is at issue) or the protester; and

(4) SBA's Office of General Counsel, Associate General Counsel for Procurement Law at [email protected].

(c) Certificate of service. The appellant must attach to the appeal petition a signed certificate of service meeting the requirements of § 134.204(d).

(d) Dismissal. An appeal petition that does not meet all the requirements of this section may be dismissed by the Judge on the Judge's own initiative or upon motion of a respondent.

authority: 5 U.S.C. 504; 15 U.S.C. 632,634,634,637,648,656,657t; E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189
source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.
cite as: 13 CFR 134.1305