top of page

HUBZone Appeal Process - SBA Final Rule

HUBZone Appeal Process - SBA Final Rule (RIN: 3245-AH88)

https://www.federalregister.gov/documents/2023/04/10/2023-07460/hubzone-appeal-process


SBA's final rule published this morning provides procedures to implements Section 864 of the National Defense Authorization Act (NDAA) for FY 2022 authorizing SBA's Office of Hearings and Appeals (OHA) to decide all appeals from HUBZone status protest determination for all appeals filed on or after May 10, 2023. Such determinations are presently decided by SBA's Associate Administrator of Government Contracting and Business Development.


The rule also creates a new Subpart M in 13 CFR Part 134 to cover the procedures for filing appeals of HUBZone status protest determinations that includes:

  • standing to file an appeal and timeline to do so,

  • if a timely appeal is filed after contract award, the contracting officer must consider whether performance can be suspended until an appellate decision is rendered,

  • if a timely appeal is filed before contract award, the contracting officer must withhold award until the appellate decision is rendered, unless the contracting officer has determined that award and performance of the contract is in the best interests of the government,

  • information an appeal petition must include and where it should be sent, and

  • response / decision timelines.

1 view0 comments

Related Posts

See All

Comments


bottom of page