SBA No. HUB-101, 20232023 WL 4322428June 27, 2023

SBA No. HUB-101, 2023 (S.B.A.), 2023 WL 4322428
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Historically Underutilized Business Zone]
*1 SBA No. HUB-101
*1 June 27, 2023
*1 On June 9, 2023, New Source Corporation (Appellant) transmitted an e-mail to the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), purporting to “appeal” its decertification from the Historically Underutilized Business Zone (HUBZone) program. (E-mail from S. Barron (Jun. 9, 2023).)
*1 Because the appeal appeared deficient, OHA ordered Appellant to show cause why the appeal should not be dismissed. OHA explained that the appeal did not appear to pertain to a HUBZone status protest, nor was the appeal accompanied by a copy of any formal protest determination made by the Director of SBA's Office of HUBZone (D/HUB) in connection with a HUBZone status protest. Furthermore, Appellant did not represent itself as either the protested concern or the protestor for a HUBZone procurement affected by a HUBZone protest. As a result, OHA apparently lacks subject matter jurisdiction over this dispute. (OHA's Order at 1, citing 13 C.F.R. §§ 134.102(x), 134.1301(a), 134.1305(a), and 126.805.) Apart from the jurisdictional issue, OHA explained that Appellant's “appeal” was unsigned; was not served to the D/HUB and other required parties; did not allege error(s) on the part of the D/HUB; and was transmitted by Appellant's “Marketing Director”, who may not be an individual permitted to represent Appellant in an OHA proceeding. (Id., citing 13 C.F.R. §§ 134.1305, 134.1309, and 134.208(a).)
*1 In response to OHA's Order, Appellant does not contend that OHA has jurisdiction over this matter. Appellant, instead, offers a new version of its appeal petition, signed by Appellant's President as well as its Marketing Director, and reiterating its position that Appellant was improperly decertified from the HUBZone program due to “negligence” and/or “lack of assistance and responsiveness from HUBZone support staff”. (Appeal at 1.) Appellant's appeal is accompanied by documents pertaining to its decertification.
*1 Appellant has not persuasively shown that this matter is within OHA's jurisdiction. As discussed above, this appeal does not pertain to a determination by the D/HUB on a HUBZone status protest, a prerequisite for OHA's jurisdiction. Accordingly, the appeal is DISMISSED. This is the final decision of the U.S. Small Business Administration. 13 C.F.R. § 134.1315.
*2 Kenneth M. Hyde
*2 Administrative Judge
SBA No. HUB-101, 2023 (S.B.A.), 2023 WL 4322428
End of Document