If It’s Not Submitted to the Area Office, It’s Not Admissible in an OHA Appeal
The protester challenged the size of the awardee. The SBA Area Office dismissed the protest as non-specific. The protester appealed to OHA with new documentation. OHA ruled the evidence was inadmissible because its review on appeal is based on evidence in the record at the time of the Area Office’s determination.
Size Appeal of Assisted Building Solutions, LLC, SBA No. SIZ-6315
- Appeal – The protester challenged the awardee’s eligibility for a small business solicitation. The Area Office dismissed the protest as not specific under 13 C.F.R. § 121.1007. The protester appealed requesting reconsideration based on new documentation. These new documents alleged the awardee was affiliated with a larger company by common ownership and common management.
- Decision – OHA asserted that its review must be based on the evidence in the record at the time the area office made its determination. As a result, the new evidence was not admissible and the previously submitted evidence did not give any basis for its belief. It merely stated that the protester “strongly believes that [the awardee] may surpass the size standard.” The appeal was therefore denied.
President Celine Jefferson appeared for the protester.
— Case summary by Joshua Lim, Assistant Editor
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