IN THE MATTER OF: WOODS PEACOCK ENGINEERING CONSULTANTS, INC., APPELLANT

*1 On April 15, 2024, Woods Peacock Engineering Consultants, Inc. (Appellant) filed the above-captioned appeal with the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA). The appeal purports to challenge a Women Owned Small Business (WOSB) delay and certification process after a decertification. Appellant does not have a determination letter but proffers a prior decertification letter dated November 29, 2023. Appellant asks that OHA review its application and documents and reinstate its certification to participate in the WOSB program. (Appeal, at 1-2).

*1 Prior OHA case law discusses the rules of procedure explicitly giving OHA jurisdiction over Appeals of WOSB Concern and Economically Disadvantaged WOSB Concern (EDWOSB) Protests under 13 C.F.R. §§ 134.102(s), 134.701-134.715. The scope of it applies “to all appeals to OHA from formal protest determinations made by the Director for Government Contracting (D/GC) in connection with a [WOSB Concern or EDWOSB Concern] protest.” 13 C.F.R. § 134.701. Protests are challenges to the WOSB or EDWOSB status of a concern which has received a contract award as a concern with such status. 13 C.F.R. §§ 127.600-127.605. A protest may only be commenced when the protestor receives notice of the identity of the apparent successful offeror. 13 C.F.R. § 127.603(c)(1). The regulations only give OHA jurisdiction to adjudicate appeals of the D/GC protest determinations on a pending procurement, where status as a WOSB or EDWOSB is advantageous. The regulations give no jurisdiction over appeals to participate in the WOSB/EDWOSB program. See e.g., In the Matter of Idaho Heatseeker, LLC, SBA No. WOSB-115 (2022); In the Matter of Data Analytics Corporation, SBA No. WOSB-116 (2022).

*1 Here, Appellant seeks to dispute the WOSB certification process or delay of admission into the WOSB program. While Appellant also disputes its decertification and the letter terminating Appellant from participating in the WOSB program, it is clear that Appellant is not appealing a protest determination of the status of a WOSB concern under 13 C.F.R. §§ 127.604-127.605, in connection with a protest and pending procurement, covered by the regulation cited above. Therefore, OHA has no jurisdiction over this matter.

*2 For the above reasons, I DISMISS the instant appeal for LACK OF JURISDICTION. This is the final decision of the U.S. Small Business Administration. See 13 C.F.R. § 134.227(b)(5).