Tag Archives: SBA OHA jurisdiction

SDVOSB Protests Versus Bid Protests: SBA OHA Provides Some Clarity

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A protest challenging a company’s status as a service-disabled veteran-owned small business is not the same as a protest challenging other aspects of an agency’s award decision (such as the evaluation of the protester’s proposal)–and these differences can determine whether a protest is timely and correctly filed.

In a recent case, the SBA Office of Hearings and Appeals provided some clarity on key differences between SDVOSB protests and bid protests, including important limits on the SBA’s jurisdiction.

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SBA Lacks Authority Over VA SDVOSB Protests

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The SBA lacks authority to determine whether a company is an eligible service-disabled veteran-owned small business for purposes of a VA SDVOSB set-aside procurement.

In a recent decision, the SBA Office of Hearings and Appeals confirmed that the SBA lacks such authority, which is reserved solely for the VA’s Office of Small & Disadvantaged Business Utilization.

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SBA OHA: NAICS Code Appeals Allowed On Unrestricted Procurements

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NAICS code appeals are now allowed on unrestricted procurements, so long as a change in NAICS code would affect the offeror’s size status for the procurement.

In a recent size appeal decision, the SBA Office of Hearings and Appeals confirmed that recent SBA regulatory amendments have overturned prior OHA case law prohibiting most NAICS code appeals on unrestricted procurements.

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8(a) Program Denial: Federal Lawsuit Available, Says SBA OHA

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An 8(a) Program applicant may challenge the SBA’s denial of its application in federal court if the SBA Office of Hearings and Appeals lacks jurisdiction to hear the case.

According to a recent OHA decision, although OHA’s own jurisdiction in 8(a) denial matters is limited, a rejected applicant “is not utterly without recourse” because relief can be sought in court.

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Sorry, Subcontractor: No SBA Size Appeal For You

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When the SBA found a subcontractor to be affiliated with its prime contractor under the ostensible subcontractor rule, the subcontractor could not appeal the SBA’s finding to the SBA Office of Hearings and Appeals.

In a recent size appeal decision, OHA held that a subcontractor lacks the ability to file a size appeal because the subcontractor is not directly affected by the size determination.

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SBA 8(a) JVs: No OHA Appeals Of Disapprovals

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The SBA’s Office of Hearings and Appeals does not have jurisdiction to hear an appeal challenging the SBA’s refusal to approve a joint venture for an 8(a) set-aside contract.

In a recent decision, OHA dismissed an appeal filed by an 8(a) mentor-protege joint venture, in which the joint venture attempted to challenge the SBA’s decision not to approve the joint venture to pursue an 8(a) set-aside.

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SBA OHA Size Appeals: Request To Reopen Does Not Extend Filing Deadline

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A company on the losing end of a SBA size protest can ask the SBA Area Office that issued the decision to consider reopening the size determination case.  However, the 15-day window in which to file a size appeal with the SBA Office of Hearings and Appeals is not extended by virtue of a request to reopen.

In a recent decision, SBA OHA dismissed a size appeal as untimely, holding that the 15-day appeals window begins upon the receipt of the size determination–not upon the SBA Area Office’s refusal to reopen the size determination.

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