Help

SIZE APPEAL OF: EPIPHANY MANAGEMENT SOLUTIONS, LLC, APPELLANT

SBA No. SIZ-5657, 20152015 WL 2338047May 11, 2015

SBA No. SIZ-5657, 2015 (S.B.A.), 2015 WL 2338047
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Size Appeal]
*1 SIZE APPEAL OF: EPIPHANY MANAGEMENT SOLUTIONS, LLC, APPELLANT
*1 SBA No. SIZ-5657
*1 Appealed from Size Determination No. 05-2015-011
*1 May 11, 2015
 
ORDER DISMISSING APPEAL1
  
I. Background
 
*1 On February 6, 2015, U.S. Small Business Administration (SBA) Office of Government Contracting — Area V (Area Office) issued Size Determination No. 05-2015-011, finding that Epiphany Management Solutions, LLC (Appellant) is not a small business under the size standard associated with Appellant's primary industry. Appellant received a paper copy of the size determination on February 10, 2015.
*1 On April 23, 2015, SBA's Office of Hearings and Appeals (OHA) received the instant appeal. Because the appeal appeared to have been filed more than fifteen days after Appellant's receipt of the size determination, OHA ordered Appellant to show cause why the appeal should not be dismissed as untimely.
*1 On April 29, 2015, Appellant responded to OHA's order. Appellant asserts that it “was not aware of the time limit for filing an appeal.” (Response at 2.) In particular, although the size determination stated that Appellant could bring an appeal to OHA, the size determination did not identify a specific deadline for appealing. Further, Appellant initially received only a paper copy of the size determination, and Appellant did not have access to the electronic version until April 15, 2015. (Id.) The issue is significant, Appellant asserts, because without the electronic version, Appellant could not easily access a hotlink to OHA's regulations that was provided in the size determination. “[B] ecause [Appellant] only received a paper copy [of the size determination] on February 10, the hotlink was useless because [Appellant] could not click on it.” (Id. at 1.) Appellant also complains that the Area Office did not warn Appellant of the consequences that could arise from an adverse size determination. As a result, Appellant delayed filing its appeal because Appellant “lost trust in the SBA and had doubts about the prospects of the next surprise that might await if [Appellant] sought to appeal.” (Id. at 2.)
 
II. Discussion
 
*1 The instant appeal is untimely and must be dismissed. In accordance with 13 C.F.R. § 134.304(a), a size appeal must be filed at OHA within fifteen days of receipt of the size determination. Here, Appellant acknowledges that it received the paper copy of the size determination on February 10, 2015. Fifteen days after February 10, 2015 was February 25, 2015. The appeal petition was not received by OHA until April 23, 2015, and is therefore plainly untimely. OHA has no discretion to extend, or waive, the deadline for filing an appeal. 13 C.F.R. §§ 134.202(d)(2)(i)(A), 134.304(c); Size Appeal of Autonomic Resources, LLC, SBA No. SIZ-5453 (2013).
*2 Appellant argues that it did not know of the deadline for filing an appeal, and that the Area Office did not clearly explain the applicable deadline. OHA's appeal deadlines are set forth in regulation, however, and “[i] t is settled law that all persons are charged with knowledge of Federal regulations, 'regardless of actual knowledge of what is in the regulations or of the hardship resulting from innocent ignorance.”' Size Appeal of A-Top Security Company, SBA No. SIZ-5227, at 3 (2011) (quoting Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380, 385 (1947)). Further, OHA has long held that “it is not the responsibility of the Area Office to advise [a party] of filing deadlines.” Size Appeal of AbVitro, Inc., SBA No. SIZ-5496, at 2 (2013). Here, the Area Office notified Appellant of its appeal rights and directed Appellant to the applicable regulations. Thus, it was Appellant's responsibility to meet its filing deadline according to the applicable regulations.
 
III. Conclusion
 
*2 For the above reasons, I DISMISS the instant appeal as untimely.
*2 This is the final decision of the Small Business Administration. See 13 C.F.R. § 134.316(d).
*2 Kenneth M. Hyde
*2 Administrative Judge

Footnotes

This appeal is decided under the Small Business Act of 1958, 15 U.S.C. § 631 et seq., and 13 C.F.R. parts 121 and 134.
SBA No. SIZ-5657, 2015 (S.B.A.), 2015 WL 2338047
End of Document