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SIZE APPEAL OF: LOST CREEK HOLDINGS, LLC D/B/A ALL-STAR HEALTH SOLUTIONS, APPELLANT RE: LIFEHEA...

SBA No. SIZ-5831, 20172017 WL 2225632May 12, 2017

SBA No. SIZ-5831, 2017 (S.B.A.), 2017 WL 2225632
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Size Appeal]
*1 SIZE APPEAL OF: LOST CREEK HOLDINGS, LLC D/B/A ALL-STAR HEALTH SOLUTIONS, APPELLANT
*1 RE: LIFEHEALTH, LLC
*1 SBA No. SIZ-5831
*1 Appealed from Size Determination No. 05-2017-020
*1 May 12, 2017
 
ORDER REMANDING PROCEEDING1
 
*1 On April 18, 2017, the U.S. Small Business Administration (SBA) Office of Government Contracting, Area V (Area Office), issued Size Determination No. 05-2017-020, finding LifeHealth, LLC (LifeHealth), is an eligible small business under the $20.5 million size standard.
*1 On May 1, 2017, Lost Creek Holdings, LLC, d/b/a All-STAR Health Solutions (Appellant), the original protestor, filed the instant appeal with the Office of Hearings and Appeals (OHA). On May 10, 2017, SBA moved to remand the proceedings to the Area Office.
*1 When SBA requests a remand, it is, in effect, confessing error. Size Appeal of Newport Materials, LLC, SBA No. SIZ-5753 (2016). OHA has held that in such cases it is appropriate to permit SBA the opportunity to correct its error or mistake. Id.
*1 Accordingly, I GRANT SBA's Motion, VACATE Size Determination No. 05-2017-020, and REMAND these proceedings to the Area Office for a new size determination.
*1 Christopher Holleman
*1 Administrative Judge

Footnotes

OHA decides size determination appeals 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-5831, 2017 (S.B.A.), 2017 WL 2225632
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