SIZE APPEAL OF: TEAM SYSTEMS INTERNATIONAL, APPELLANT RE: DCX-CHOL ENTERPRISES, INC.

*1 On July 22 2016, the U.S. Small Business Administration (SBA) Office of Government Contracting, Area VI (Area Office) issued Size Determination No. 06-2016-063, in which the Area Office determined that DCX-Chol Enterprises, Inc. (DCX) is a small business for Request for Quotations (RFQ) No. SPE4A6-16-T-Q-459, issued by the Defense Logistics Agency. On July 29, 2016, SBA's Office of Hearings and Appeals (OHA) received by email an appeal petition from Team Systems International (Appellant) concerning this size determination.

*1 The appeal petition did not contain the required certificate of service but it was apparent from the email header that Appellant had not served DCX with a copy of the appeal petition, as is required under the regulations governing size appeals. See 13 C.F.R. § 134.305(b), (d).

*1 On August 2, 2016, an OHA staff attorney contacted Appellant by telephone. After being informed that the appeal would be withdrawn, the staff attorney advised Appellant that a written statement to that effect was required. On August 5, 2015, having received no written response from Appellant, either to certify completion of service upon DCX or to withdraw the appeal, OHA ordered Appellant to show cause, no later than August 12, 2016, why this appeal should not be dismissed for failure to prosecute. Appellant did not respond to OHA's order.

*1 OHA's rules of practice authorize sanctions upon a party that fails to comply with the rules governing appeals or that fails to comply with an order of the presiding Judge. 13 C.F.R. § 134.219(a)(1), (a)(2). Appropriate sanctions may include dismissal of the appeal with prejudice. 13 C.F.R. § 134.219(b)(2).

*1 Accordingly, because Appellant has failed to comply with the regulations requiring service, and has failed to respond to OHA's order to show cause, Appellant's size appeal is DISMISSED WITH PREJUDICE. This is the final decision of the Small Business Administration. 13 C.F.R. § 134.316(d).