13 CFR 121.1101 : Business Credit And Assistance (Parts 1-100 To Parts 501-599) — (Parts 1-100 To Parts 501-599) — Small Business Administration (Parts 1-100 To Parts 148-199) — Small Business Size Regulations (§ 121.101 To § 121.1206) — Size Eligibility Provisions And Standards (§ 121.101 To § 121.1103) — Appeals Of Size Determinations And Naics Code Designations (§ 121.1101 To § 121.1103) — 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.