---
kind: "section"
citation: "13 C.F.R. § 134.1305"
title: "13"
number: "134.1305"
heading: "What are the requirements for an appeal petition?"
url: "https://uscodex.org/cfr/13/134.1305"
---

# §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 (OHAFilings@sba.gov), the appellant must serve copies of the entire appeal petition upon each of the following:
  - (1) The D/HUB at hzappeals@sba.gov;
  - (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 OPLservice@sba.gov.
- (c) **Certificate of service.** The appellant must attach to the appeal petition a signed certificate of service meeting the requirements of [§ 134.204(d)](/cfr/13/134.204.md?p=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.

## Notes

### 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.