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SIZE APPEAL OF: MARON CONSTRUCTION, CO., INC., APPELLANT

SBA No. SIZ-5759, 20162016 WL 4419567July 7, 2016

SBA No. SIZ-5759, 2016 (S.B.A.), 2016 WL 4419567
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Size Appeal]
*1 SIZE APPEAL OF: MARON CONSTRUCTION, CO., INC., APPELLANT
*1 SBA No. SIZ-5759
*1 Appealed from Size Determinations Nos. 1-SD-2016-28 & 1-SD-2016-29
*1 July 7, 2016
 
ORDER DISMISSING APPEAL
 
*1 On June 27, 2016, Maron Construction Co., Inc. (Appellant) filed an appeal of Size Determinations No. 1-SD-2016-28 & -29 with the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA). Appellant filed its appeal via email. The appeal is a one page letter challenging the conclusions of the size determinations, which found Appellant's protests untimely because they were filed prior to bid opening or notification to offerors of the selection of apparent successful offeror. Appellant argues the Area Office erred because the procurement at issue is conducted as a two-step process, and the first phase, requiring submission of non-price bid proposals, is complete. Therefore, Appellant asserts, a bid has been opened. Appellant requests SBA act upon its protests.
*1 OHA contacted Appellant, and explained the appeal failed to comply with the regulatory requirements for filing of an appeal from an SBA size determination. OHA explained the steps necessary in order to correct the deficiencies in the appeal, in order that it might comply with OHA's procedural regulations, as found in 13 C.F.R. Part 134.
*1 OHA never received any further documents or communication from Appellant, and therefore I must dismiss its appeal. At minimum, Appellant's appeal failed to include:
*1 (1) A copy of the size determination Appellant seeks to appeal, see 13 C.F.R. §§ 134.203(a)(2), 134.305(a)(1);
*1 (2) Evidence of the date Appellant received the size determination Appellant seeks to appeal, see 13 C.F.R. § 134.203(a)(2);
*1 (3) The full solicitation or contract number, and the name, address, and telephone number of the contracting officer, see 13 C.F.R. § 134.305(a)(2);
*1 (4) Evidence that the party is represented by the correct company officer, see 13 C.F.R. § 134.208(a); and
*1 (5) A certificate of service showing that Appellant complied with the service requirements of 13 C.F.R. § 134.305(b), (d).
*1 Although Appellant's initial appeal referenced a size determination, the appeal provides no information to allow OHA to review the timeliness of the appeal. 13 C.F.R. § 134.304(a) (requiring size appeals to be filed within 15 calendar days after receipt of the formal size determination). Appellant also failed to comply with the requirements of 13 C.F.R. §§ 134.203-204; 134.208 and 13 C.F.R. §§ 134.305; 134.307. Therefore, I must dismiss Appellant's appeal. 13 C.F.R. § 134.203(c).
*2 This is the final decision of the Small Business Administration. 13 C.F.R. § 134.316(b).
*2 Christopher Holleman
*2 Administrative Judge
SBA No. SIZ-5759, 2016 (S.B.A.), 2016 WL 4419567
End of Document