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SIZE APEAL OF: NEWPORT MATERIALS, LLC, APPELLANT

SBA No. SIZ-5702, 20152015 WL 9809616December 29, 2015

SBA No. SIZ-5702, 2015 (S.B.A.), 2015 WL 9809616
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Size Appeal]
*1 SIZE APEAL OF: NEWPORT MATERIALS, LLC, APPELLANT
*1 SBA No. SIZ-5702
*1 Size Determination No. 1-SD-2015-49
*1 December 29, 2015
 
REMAND ORDER
 
*1 On November 9, 2015, the Small Business Administration (SBA) Office of Government Contracting, Area I (Area Office) issued Size Determination No. 1-SD-2015-49 finding Newport Materials, LLC (Appellant) is not an eligible small business under a $36.5 million size standard.
*1 On November 27, 2015, Appellant filed the instant appeal with the Office of Hearings and Appeals (OHA). On December 24, 2015, SBA moved to remand the size determination, explaining that “there are several errors in the calculation of receipts which cannot be corrected with the documentation that is in the agency record.” (Motion at 1.) SBA therefore requests that OHA remand the case back to the Area Office for a recalculation of receipts and a new size determination. SBA represented that Appellant does not object to the motion.
*1 SBA clearly wishes to reconsider its decision, and is, in effect, confessing error. As a matter of judicial economy, then, it is appropriate to give SBA the opportunity to reconsider its decision. Size Appeal of A2Z Promo Zone, SBA No. SIZ-5365 (2012). Accordingly, SBA's motion is GRANTED, and the size determination is VACATED and REMANDED to the Area Office. Id.; Size Appeal of Norris Prof'l Servs., Inc., SBA No. SIZ-5268 (2011).
*1 Christopher Holleman
*1 Administrative Judge
SBA No. SIZ-5702, 2015 (S.B.A.), 2015 WL 9809616
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