Appellant Cannot Apply Revisions to Nonmanufacturer Rule to Solicitation Issued Prior to Their Effective Date; SBA No. SIZ-5820, Size Appeal of Aerosage LLC

Appeal of the Small Business Administration area office’s determination that the appellant is not an eligible small business for the procurement is denied, where the business did not meet the requirements of the nonmanufacturer rule and did not rebut the area office’s conclusion that it did not qualify for an exception to the rule, and where revisions to the nonmanufacturer rule were not in effect until after the solicitation was issued and therefore do not apply, and where the appellant’s arguments regarding the nature of the procurement and solicitation clauses are not within the jurisdiction of the Office of Hearings and Appeals to consider.