121.1101 Are formal size determinations subject to appeal§ 121.1101 Are formal size determinations subject to appeal?
(a) Appeals from formal size determinations may be made to OHA. Unless an appeal is made to OHA, the size determination made by a SBA Government Contracting Area Office or Disaster Area Office is the final decision of the agency. The procedures for appealing a formal size determination to OHA are set forth in part 134 of this chapter. The OHA appeal is an administrative remedy that must be exhausted before judicial review of a formal size determination may be sought in a court.
(b) OHA will review all timely appeals of size determinations.[69 FR 29207, May 21, 2004, as amended at 76 FR 5683, Feb. 2, 2011]