§134.1305. What are the requirements for an appeal petition?
13 C.F.R. § 134.1305
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:
A copy of the protest determination;
The date the appellant received the protest determination;
A statement that the petitioner is appealing a HUBZone status protest determination issued by the D/HUB;
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;
The solicitation number, the contract number (if applicable), and the name, address, and telephone number of the contracting officer; and
The name, address, telephone number, facsimile number, and signature of the appellant or its attorney.
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:
The D/HUB at [email protected];
The contracting officer responsible for the procurement affected by a HUBZone determination;
The protested concern (the business concern whose HUBZone status is at issue) or the protester; and
SBA's Office of General Counsel, Associate General Counsel for Procurement Law at [email protected].
Certificate of service. The appellant must attach to the appeal petition a signed certificate of service meeting the requirements of § 134.204(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.
Notes, amendments, and revision history
Source
Source: 88 FR 21089, Apr. 10, 2023, unless otherwise noted.
Authority
Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136, 134 Stat. 281; Pub. L. 116-139, 134 Stat. 620; Pub. L. 116-142, 134 Stat. 641; and Pub. L. 116-147, 134 Stat. 660. Subpart M issued under 15 U.S.C. 657a; Pub. L. 117-81, 135 Stat. 1541.
Source
Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.