APPEALS
Appeal of SBA's decision to deny SDVOSB or VOSB certification.
If the SBA has denied or cancelled your SDVOSB or VOSB certification, you can appeal this determination at the SBA Office of Hearings and Appeals ("SBA OHA"). A judge will then review the case and issue a decision. Our office has experience litigating cases at the SBA OHA and ready to assist. The appeal process is outlined below.
How much time to I have to file an appeal?
Appeal petition must be filed within ten (10) business days of receipt of the denial or decertification. File the appeal petition upon the Director, Office of Government Contracting and SBA Counsel at OPLservice@sba.gov..
What must be included in the appeal petition?
- A copy of the denial or decertification and the date the appellant received it;
- A statement of why the denial or decertification is in error;
- Any other pertinent information the Judge should consider; and
- The name, address, telephone number, and email address, if available, and signature of the appellant or its attorney
What happens after I file an appeal?
Judge will issue a decision based on whether the SBA denial or cancellation was based on clear error of fact or law. The Judge shall decide an appeal within 60 calendar days after close of the record.
Can I ask the Judge to reconsider his or her decision?
A decision of the Judge may be reconsidered. Any party that has appeared in the proceeding may request reconsideration by filing with OHA and serving a petition for reconsideration on all parties to the appeal within twenty (20) calendar days after service of the written decision, upon a clear showing of an error of fact or law material to the decision. The Judge also may reconsider a decision on his or her own initiative.
Attorney Services - SDVOSB / VOSB Appeals
If you are thinking of filing an appeal of an SBA refusal to certify your company, please contact us at jmm@manfredonialaw.com or 201-227-1722.
