SIZE APPEAL OF: LINTECH GLOBAL, INC., APPELLANT

*1 On May 19, 2016, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) received the instant appeal from LinTech Global, Inc. (Appellant) challenging the size status of Akira Technologies, Inc. (Akira), the apparent awardee of the captioned procurement. Appellant argues that Akira's receipts exceed the applicable size standard, so Akira is ineligible for award. (Appeal at 1.) The appeal contains no indication that Appellant filed a timely size protest against Akira with the procuring agency, or that an SBA area office has rendered a size determination in response to such a protest. On May 23, 2016, Appellant moved to withdraw its appeal.

*1 Appellant's motion is GRANTED. As there is no case or controversy to be decided, the appeal is moot and therefore is DISMISSED. E.g., Size Appeal of Sage Acquisitions, LLC, SBA No. SIZ-5726 (2016), recons. denied, SBA No. SIZ-5738 (2016) (PFR); Size Appeal of Veterans Constr. Servs., SBA No. SIZ-5684 (2015).

*1 It is worth noting that, where a protester files a size protest directly with OHA, OHA will dismiss the protest for lack of jurisdiction. As OHA has explained, “OHA is an appellate forum that hears appeals of size determinations rendered by SBA area offices” and “has no authority to issue size determinations in the first instance.” Size Appeal of Latvian Connection, LLC, SBA No. SIZ-5734, at 1 (2016). It appears that Appellant did not file a size protest with the procuring agency, nor did an SBA area office issue a size determination on such a protest. Accordingly, had the instant appeal not been withdrawn, OHA would dismiss it for lack of jurisdiction.

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