OHA Confirms It Lacks Jurisdiction Over 8(a) Eligibility Protests

Although the appellant alleged it brought a size appeal before OHA, it labeled the its protest as an “8(a) Eligibility Protest.” Consequently, OHA dismissed the appeal for lack of jurisdiction.

Size Appeal of Fiber Business Solutions Group, Inc. d/b/a GForce, SBA No. SIZ-6345

• Appeal – The appellant claimed the awardee was ineligible for award because the awardee was not “admitted” into the 8(a) program until after it had submitted its offer. SBA dismissed for lack of standing. It explained the eligibility of a participant for a sole source or competitive 8(a) requirement may not be challenged by another party as part of a bid or other contract protest.
• Decision – Although the appellant alleged it brought a “size protest,” it labeled the protest an “8(a) Eligibility Protest.” As such, OHA recognized such disputes were not under its jurisdiction. Thus it dismissed the appeal.

— Case summary by Joshua Lim, Assistant Editor.

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