---
kind: "section"
citation: "13 C.F.R. § 134.305"
title: "13"
number: "134.305"
heading: "The appeal petition."
url: "https://uscodex.org/cfr/13/134.305"
---

# §134.305. The appeal petition.

- (a) **Form.** There is no required format for an appeal petition. However, it must include the following information:
  - (1) In a size appeal, a copy of the size determination being appealed;
  - (2) The solicitation or contract number, and the name, address, and telephone number of the contracting officer;
  - (3) A full and specific statement as to why the size determination or NAICS code designation is alleged to be in error, together with argument supporting such allegations; and
  - (4) **The name, address, telephone number, facsimile number, and signature of the appellant or its attorney.**
- (b) **Service of size determination appeals.** The appellant must serve the appeal petition upon each of the following:
  - (1) The SBA official who issued the size determination;
  - (2) The contracting officer responsible for the procurement affected by a size determination;
  - (3) The business concern whose size status is at issue;
  - (4) All persons who filed protests; and
  - (5) SBA's Office of General Counsel, Associate General Counsel for Procurement Law, 409 Third Street, SW., Washington, DC 20416, facsimile (202) 205-6873, or e-mail at OPLService@sba.gov.
- (c) **Service of NAICS appeals.** The appellant must serve:
  - (1) The contracting officer who made the NAICS code designation; and
  - (2) SBA's Office of General Counsel, Associate General Counsel for Procurement Law, 409 Third Street, SW., Washington, DC 20416, facsimile (202) 205-6873, or e-mail at OPLService@sba.gov.
- (d) **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).
- (e) **Dismissal.** An appeal petition which does not contain all of the information required in [paragraph (a)](#a) of this section may be dismissed, with or without prejudice, by the Judge at his or her own initiative, or upon motion of a respondent.

## Notes

### Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 65 FR 57542, Sept. 25, 2000; 67 FR 47250, July 18, 2002; 69 FR 29208, May 21, 2004; 75 FR 47442, Aug. 6, 2010]

### 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.

### Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 65 FR 57542, Sept. 25, 2000; 67 FR 47250, July 18, 2002; 69 FR 29208, May 21, 2004; 75 FR 47442, Aug. 6, 2010]