SIZE APPEAL OF: SAGE ACQUISITIONS, LLC APPELLANT

*1 On July 25, 2014, the U.S. Department of Housing and Urban Development (HUD) issued Request for Proposals No. DU204SA-13-R-0005 for the management and marketing of HUD-owned properties. On November 4, 2015, the U.S. Small Business Administration (SBA) Office of Government Contracting — Area III (Area Office) issued Size Determination Nos. 3-2016-010, -011, -012, -013 concluding that Sage Acquisitions, LLC (Appellant) is a small business for the procurement. On February 1, 2016, HUD awarded a contract for Area “3P” to Appellant.

*1 On March 8, 2016, the Area Office issued a second size determination, No. 3-2016-036, finding that Appellant is not a small business for the instant procurement. Appellant requested that the Area Office reconsider Size Determination No. 3-2016-036 in light of its prior determination, but the Area Office declined to do so by letter dated March 17, 2016. On March 22, 2016, Appellant appealed Size Determination No. 3-2016-036 to the SBA Office of Hearings and Appeals (OHA). Appellant requested that OHA “vacate SBA's March 2016 decision given that SBA's November 2015 decision constitutes the final decision of SBA with regard to the HUD solicitation.” (Appeal at 20.)

*1 On March 28, 2016, SBA, through its Office of General Counsel (OGC), moved to dismiss the appeal. OGC attached a letter, also dated March 28, 2016, stating that, in issuing Size Determination No. 3-2016-036, the Area Office had improperly reopened Size Determination Nos. 3-2016-010, -011, -012, -013. Therefore, the letter continued, Size Determination No. 3-2016-036 was rescinded, and Appellant is once again an eligible small business for the subject procurement.

*1 On March 28, 2016, OHA directed non-moving parties to state whether they support or oppose SBA's motion. On April 4, 2016, Appellant responded that, because “SBA has granted the relief requested by [Appellant] in its appeal”, Appellant wished to withdraw the appeal. (Appellant's Response to Order, at 1.)

*1 Appellant's withdrawal renders this dispute moot. E.g., Size Appeal of Veterans Construction Services, Inc., SBA No. SIZ-5684 (2015); Size Appeal of Professional Analysis, Inc., SBA No. SIZ-5630 (2014); Size Appeal of INTERA Nevada, Inc., SBA No. SIZ-5620 (2014). As there is no longer any case or controversy to be decided, the appeal is DISMISSED.

*2 This is the final decision of the U.S. Small Business Administration. 13 C.F.R. § 134.316(d).