§ 134.1305. What are the requirements for an appeal petition?
264 words·~1 min read·
/us/cfr/t13/s§ 134.1305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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).
(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.