---
kind: "section"
citation: "13 C.F.R. § 121.1101"
title: "13"
number: "121.1101"
heading: "Are formal size determinations subject to appeal?"
url: "https://uscodex.org/cfr/13/121.1101"
---

# §121.1101. Are formal size determinations subject to appeal?

- (a) Appeals from formal size determinations may be made to OHA. Unless an appeal is made to OHA, the size determination made by a SBA Government Contracting Area Office or Disaster Area Office is the final decision of the agency. The procedures for appealing a formal size determination to OHA are set forth in [part 134](/cfr/13/part134.md) of this chapter. The OHA appeal is an administrative remedy that must be exhausted before judicial review of a formal size determination may be sought in a court.
- (b) OHA will review all timely appeals of size determinations.

## Notes

### Amendments

[69 FR 29207, May 21, 2004, as amended at 76 FR 5683, Feb. 2, 2011]

### Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

### Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

### Amendments

[69 FR 29207, May 21, 2004, as amended at 76 FR 5683, Feb. 2, 2011]