Proposed Rule2022-26873
HUBZone Appeal Process
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 15, 2022
Issuing agencies
Small Business Administration
Abstract
The U.S. Small Business Administration (SBA) proposes to amend the rules of practice of its Office of Hearings and Appeals (OHA) and the Historically Underutilized Business Zone (HUBZone) Program. Specifically, SBA proposes to implement procedures authorizing appeals to OHA from protest determinations regarding the status of a concern as a certified HUBZone small business concern. These amendments are issued in accordance with provisions of the National Defense Authorization Act for Fiscal Year 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 240 (Thursday, December 15, 2022)</title>
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[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Proposed Rules]
[Pages 76585-76589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26873]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 240 / Thursday, December 15, 2022 /
Proposed Rules
[[Page 76585]]
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 126 and 134
RIN 3245-AH88
HUBZone Appeal Process
AGENCY: U.S. Small Business Administration.
ACTION: Proposed rule.
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SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend
the rules of practice of its Office of Hearings and Appeals (OHA) and
the Historically Underutilized Business Zone (HUBZone) Program.
Specifically, SBA proposes to implement procedures authorizing appeals
to OHA from protest determinations regarding the status of a concern as
a certified HUBZone small business concern. These amendments are issued
in accordance with provisions of the National Defense Authorization Act
for Fiscal Year 2022.
DATES: Comments will be accepted until January 17, 2023.
ADDRESSES: You may submit comments, identified by RIN 3245-AH88, by any
of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and follow the instructions for submitting comments.
<bullet> Mail (for paper, disk, or CD-ROM submissions): Laura Maas,
HUBZone Program, 409 Third Street SW, Washington, DC 20416.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to submit confidential business
information (CBI) as defined in the User Notice at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please submit the comments to <a href="/cdn-cgi/l/email-protection#cda1acb8bface3a0acacbe8dbeaface3aaa2bb"><span class="__cf_email__" data-cfemail="3955584c4b58175458584a794a5b58175e564f">[email protected]</span></a>
and highlight the information that you consider to be CBI and explain
why you believe this information should be held confidential. SBA will
make a final determination as to whether the comments will be published
or not.
FOR FURTHER INFORMATION CONTACT: Laura Maas, HUBZone Program, 202-205-
7341, <a href="/cdn-cgi/l/email-protection#d3bfb2a6a1b2fdbeb2b2a093a0b1b2fdb4bca5"><span class="__cf_email__" data-cfemail="c3afa2b6b1a2edaea2a2b083b0a1a2eda4acb5">[email protected]</span></a>. This phone number may also be reached by
individuals who are deaf or hard of hearing, or who have speech
disabilities, through the Federal Communications Commission's TTY-Based
Telecommunications Relay Service teletype service at 711.
SUPPLEMENTARY INFORMATION:
Section 864 of the National Defense Authorization Act for Fiscal
Year 2022 (NDAA 2022) authorizes SBA's Office of Hearings and Appeals
(OHA) to decide all appeals from HUBZone status protest determinations,
which are currently decided by the Associate Administrator of
Government Contracting and Business Development. Section 864 requires
SBA to publish a rule implementing this authority by December 27, 2022.
To implement this statutory requirement, this proposed rule would
revise the HUBZone regulations at 13 CFR 126.805 to specify that
HUBZone appeals are processed by OHA in accordance with the procedures
in part 134. This proposed rule would amend the regulations pertaining
to OHA's jurisdiction at subparts A and B of 13 CFR part 134 to include
appeals from HUBZone status protest determinations. Finally, the
proposed rule would create a new subpart M in 13 CFR part 134 to set
out the rules of practice for appeals from HUBZone status protest
determinations.
Section-By-Section Analysis
A. Section 126.103
SBA proposes to amend the HUBZone regulations at Sec. 126.103 by
deleting the definition for ``AA/GC&BD.'' The only references to this
role in the HUBZone regulations are in relation to HUBZone status
protest appeals, and the AA/GCBD will no longer have this
responsibility.
B. Sections 126.309, 126.803
SBA proposes to amend the HUBZone regulations at Sec. Sec. 126.309
and 126.803 to change the references to appeal decisions made by the
AA/GCBD to appeal decisions made by OHA.
C. Section 126.805
SBA proposes to revise Sec. 126.805, which addresses the
procedures for appeals of HUBZone status protest determinations, to
provide that such appeals may be filed in accordance with part 134 of
title 13 of the Code of Federal Regulations.
D. 13 CFR Part 134 Subparts A and B
SBA proposes to amend Sec. 134.102, the rules for establishing OHA
jurisdiction, to add appeals from HUBZone status protest
determinations, as a new type of proceeding over which OHA would have
jurisdiction. New Sec. 134.102(x) would allow OHA to hear appeals from
HUBZone determinations.
SBA also proposes to amend Sec. 134.201(b) by adding a new
paragraph (10) to include appeals from HUBZone status protest
determinations. As a result of this new paragraph, existing Sec.
134.201(b)(10) would be redesignated as Sec. 134.201(b)(11).
E. 13 CFR Part 134 Subpart M
The rule proposes a new subpart M to cover the procedures for
filing appeals of HUBZone status protest determinations.
Proposed Sec. 134.1301 would provide that appeals under this new
subpart would include any of the grounds for a HUBZone status protest
specified in Sec. 126.801 of the HUBZone regulations. Paragraph (b)
would state that the provisions of subparts A and B of part 134 also
apply to appeals of HUBZone status protest determinations. Paragraph
(c) would state that appeals from HUBZone status protest determinations
are separate from size determinations.
Proposed Sec. 134.1302 would establish standing to file an appeal
from a HUBZone status protest determination.
Proposed Sec. 134.1303 would establish timeliness for filing an
appeal from a HUBZone status protest determination. SBA proposes that
such appeals must be filed within ten (10) business days after the
appellant receives the protest determination.
Proposed Sec. 134.1304 would provide that if a timely appeal of a
HUBZone status protest determination is filed after contract award, the
contracting officer must consider whether performance can be suspended
until an appellate decision is rendered. This section would also
provide that where an appeal is filed before contract award,
[[Page 76586]]
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.
Proposed Sec. 134.1305(a) would provide that an appeal petition
must include the following: a copy of the protest determination; the
date the appellant received the protest determination; a statement that
the petitioner is appealing a HUBZone status protest determination
issued by the D/HUB; a full and specific statement as to why the
HUBZone status protest determination is alleged to be based on a clear
error of fact or law, together with argument supporting such
allegation; the solicitation number, the contract number (if
applicable), and the name, address, and telephone number of the
contracting officer; and the name, address, telephone number, facsimile
number, and signature of the appellant or its attorney. Paragraph (b)
would require that the appellant serve copies of the appeal upon the D/
HUB, the contracting officer, protested concern or the protester, and
SBA's Associate General Counsel for Procurement Law. Paragraph (c)
would require all appeal petitions to include a certificate of service.
Paragraph (d) would authorize OHA to dismiss appeal petitions that do
not meet all the requirements of Sec. 134.1305.
Proposed Sec. 134.1306 would apply the provisions in Sec.
134.204, regarding the service and filing requirements of all pleadings
and submissions.
Proposed Sec. 134.1307 would require the D/HUB to send OHA the
entire case file relating to the protest decision upon receipt of the
appeal petition.
Proposed Sec. 134.1308 would provide that the standard of review
for an appeal of a HUBZone status protest determination is whether the
D/HUB's determination was based on clear error of fact or law, and that
the appellant bears the burden of proof by a preponderance of the
evidence.
Proposed Sec. 134.1309 would provide that an appeal from a HUBZone
status protest determination will be dismissed if the appeal is
untimely under Sec. 134.1303, or if the matter has been decided or is
the subject of adjudication before a court of competent jurisdiction
over such matters.
Proposed Sec. 134.1310 would permit responses to the appeal to be
filed within fifteen business days after service of the appeal
petition.
Proposed Sec. 134.1311 would not allow for discovery or oral
hearings in appeals from HUBZone status protest determinations.
Proposed Sec. 134.1312 would prohibit new evidence in appeals from
HUBZone status protest determinations.
Proposed Sec. 134.1313 would provide that the record for a HUBZone
status protest appeal will close when the time to file a response to an
appeal petition expires.
Proposed Sec. 134.1314 would provide that OHA will decide an
appeal within 45 calendar days after the close of record.
Proposed Sec. 134.1315 would provide that OHA's decision is the
final agency decision and would provide that the effects of the
decision on the procurement at issue are explained in 13 CFR
126.803(e).
Proposed Sec. 134.1316 would provide that OHA may reconsider an
appeal decision within twenty (20) calendar days after the decision is
issued, or OHA may remand a proceeding to the D/HUB for a new HUBZone
status protest determination.
Compliance With Executive Orders 12866, 12988, 13132, and the Paperwork
Reduction Act (44 U.S.C. Ch. 35), the Regulatory Flexibility Act (5
U.S.C. 601-612), the Congressional Review Act (5 U.S.C. 801-808)
Executive Order 12866
The Office of Management and Budget has determined that this rule
is not a ``significant regulatory action'' under Executive Order No.
12866. This proposed rule would amend the rules of practice for the
SBA's OHA to implement procedures for appeals from HUBZone status
protest determinations. As such, the rule has no effect on the amount
or dollar value of any Federal contract requirements or of any
financial assistance provided through SBA. Therefore, the rule is not
likely to have an annual economic effect of $100 million or more,
result in a major increase in costs or prices, or have a significant
adverse effect on competition or the United States economy. In
addition, this rule does not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency,
materially alter the budgetary impact of entitlements, grants, user
fees, loan programs or the rights and obligations of such recipients,
nor raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in the
Executive Order.
Executive Order 12988
This action meets applicable standards set forth in section 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action does not
have retroactive or preemptive effect.
Executive Order 13132
This rule does not have Federalism implications as defined in
Executive Order 13132. It will not have substantial direct effects on
the States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in the Executive Order. As
such, it does not warrant the preparation of a Federalism Assessment.
Paperwork Reduction Act
The SBA has determined that this rule does not impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act, 44 U.S.C. Chapter 35.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C.
601-612, requires Federal agencies to prepare an initial regulatory
flexibility analysis (IRFA) to consider the potential impact of the
regulations on small entities. Small entities include small businesses,
small not-for-profit organizations, and small governmental
jurisdictions. Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing an IRFA, if the rulemaking is not expected
to have a significant economic impact on a substantial number of small
entities.
This proposed rule would revise the regulations governing cases
before SBA's Office of Hearings and Appeals (OHA), SBA's administrative
tribunal. These regulations are procedural by nature. Specifically, the
proposed rule would establish rules of practice for the SBA's OHA to
hear appeals from HUBZone status protest determinations. While SBA does
not anticipate that this proposed rule would have a significant
economic impact on any small business, we do welcome comments from any
small business setting out how and to what degree this proposed rule
would affect it economically. Therefore, the Administrator of SBA
certifies under 5 U.S.C. 605(b) that this proposed rule would not have
a significant economic impact on a substantial number of small
entities.
Congressional Review Act, 5 U.S.C. Ch. 8
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996, also known as the Congressional
[[Page 76587]]
Review Act or CRA, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. SBA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States. A major rule under the CRA cannot take effect until 60
days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2). Therefore, this rule is
not subject to the 60-day restriction.
List of Subjects
13 CFR Part 126
Administrative practice and procedure, Government procurement,
Penalties, Reporting and recordkeeping requirements, Small businesses.
13 CFR Part 134
Administrative practice and procedure, Claims, Equal access to
justice, Lawyers, Organization and function (Government agencies).
For the reasons set forth in the preamble, SBA proposes to amend
parts 126 and 134 of title 13 of the Code of Federal Regulations as
follows:
PART 126--HUBZONE PROGRAM
0
1. The authority citation for part 126 is revised to read as follows:
Authority: 15 U.S.C. 632(a), 632(j), 632(p), 644 and 657a.
Sec. 126.103 [Amended]
0
2. Amend Sec. 126.103 by removing the definition of ``AA/GC&BD''.
Sec. 126.309 [Amended]
0
3. Amend Sec. 126.309 by removing ``(the D/HUB's decision if no appeal
is filed or the decision of the AA/GCBD)'' and adding in its place
``(i.e., the D/HUB's decision if the protest determination is not
appealed, or OHA's decision if the protest determination is
appealed)''.
0
4. Amend Sec. 126.803 by:
0
a. In paragraph (e), revising the introductory text;
0
b. In paragraph (e)(1)(ii)(B), removing ``the AA/GCBD'' and adding in
its place ``OHA'';
0
c. In paragraph (e)(1)(iii), removing ``(i.e., the D/HUB's decision if
no appeal is filed, or the decision of the AA/GCBD if the protest is
appealed)'' and adding in its place ``(i.e., the D/HUB's decision if
the protest determination is not appealed, or OHA's decision if the
protest determination is appealed)'';
0
d. In paragraph (e)(2)(ii), removing ``the AA/GCBD'' and adding in its
place ``OHA''; and
0
e. In paragraph (e)(3), removing ``(the D/HUB's decision if no appeal
is filed, or the decision of the AA/GCBD if the protest is appealed)''
and adding in its place ``(i.e., the D/HUB's decision if the protest
determination is not appealed, or OHA's decision if the protest
determination is appealed)''.
The revision reads as follows:
Sec. 126.803 How will SBA process a HUBZone status protest and what
are the possible outcomes?
* * * * *
(e) * * * The determination is effective immediately and is final,
unless overturned on appeal by SBA's Office of Hearings and Appeals
(OHA) pursuant to part 134 of this chapter.
* * * * *
0
5. Revise Sec. 126.805 to read as follows:
Sec. 126.805 What are the procedures for appeals of HUBZone status
protest determinations?
The protested concern, the protester, or the contracting officer
may file an appeal of a HUBZone status protest determination with SBA's
Office of Hearings and Appeals (OHA) in accordance with part 134 of
this chapter.
PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF
HEARINGS AND APPEALS
0
6. The authority citation for part 134 is revised to read as follows:
Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i),
637(a), 648(l), 656(i), 657a, 657t and 687(c); E.O. 12549, 51 FR
6370, 3 CFR, 1986 Comp., p. 189.
Subpart J issued under 15 U.S.C. 657f.
Subpart K issued under 15 U.S.C. 657f.
Subpart L issued under 15 U.S.C. 636(a)(36); 636(a)(37); 636m.
Subpart M issued under 15 U.S.C. 657a; Sec. 864, Pub. L. 117-81, 135
Stat. 1852 (15 U.S.C. 634 note).
0
7. Amend Sec. 134.102 by:
0
a. Removing the word ``and'' at the end of paragraph (v);
0
b. Removing the period at the end of paragraph (w) and adding ``; and''
in its place; and
0
c. Adding paragraph (x).
The addition reads as follows:
Sec. 134.102 Jurisdiction of OHA.
* * * * *
(x) Appeals from HUBZone status protest determinations under part
126 of this chapter.
0
8. Amend Sec. 134.201 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(9);
0
b. Redesignating paragraph (b)(10) as paragraph (b)(11); and
0
c. Adding a new paragraph (b)(10).
The addition reads as follows:
Sec. 134.201 Scope of the rules in this subpart.
* * * * *
(b) * * *
(10) For appeals of protest determinations regarding the status of
a concern as a certified HUBZone small business concern, in subpart M
of this part; and
* * * * *
0
8. Add subpart M to read as follows:
Subpart M--Rules of Practice for Appeals of Protest Determinations
Regarding the Status of a Concern as a Certified HUBZone Small
Business Concern
Sec.
134.1301 What is the scope of the rules in this subpart?
134.1302 Who may appeal a HUBZone status protest determination?
134.1303 What time limits apply to filing an appeal from a HUBZone
status protest determination?
134.1304 What are the effects of the filing of an appeal on the
procurement at issue?
134.1305 What are the requirements for an appeal petition?
134.1306 What are the service and filing requirements?
134.1307 What are the requirements for transmitting the protest
file?
134.1308 What is the standard of review?
134.1309 When will a Judge dismiss an appeal?
134.1310 Who can file a response to an appeal petition and when must
such a response be filed?
134.1311 Will the Judge permit discovery and oral hearings?
134.1312 What are the limitations on the introduction of new
evidence?
134.1313 When is the record closed?
134.1314 When must the Judge issue his or her decision?
134.1315 What are the effects of the Judge's decision on the
procurement at issue?
134.1316 Can a Judge reconsider an appeal decision?
Sec. 134.1301 What is the scope of the rules in this subpart?
(a) The rules of practice in this subpart apply to all appeals to
OHA from formal protest determinations made by the Director of SBA's
Office of HUBZone (D/HUB) in connection with a HUBZone status protest.
Appeals under this subpart include any of the grounds for a HUBZone
status protest specified in Sec. 126.801 of this chapter, as well as
appeals from determinations by the D/HUB that the protest was
[[Page 76588]]
premature, untimely, nonspecific, or not based upon protestable
allegations.
(b) Except where inconsistent with this subpart, the provisions of
subparts A and B of this part apply to appeals listed in paragraph (a)
of this section.
(c) Appeals relating to formal size determinations and NAICS Code
designations are governed by subpart C of this part.
Sec. 134.1302 Who may appeal a HUBZone status protest determination?
Appeals from HUBZone status protest determinations may be filed
with OHA by the protested concern, the protester, or the contracting
officer responsible for the procurement affected by the protest
determination.
Sec. 134.1303 What time limits apply to filing an appeal from a
HUBZone status protest determination?
Appeals from a HUBZone status protest determination must be
commenced by filing and serving an appeal petition within ten (10)
business days after the appellant receives the HUBZone status protest
determination (see Sec. 134.204 for filing and service requirements).
OHA shall dismiss any untimely appeal.
Sec. 134.1304 What are the effects of the filing of an appeal on the
procurement at issue?
(a) 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.
(b) 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.
Sec. 134.1305 What are the requirements for an appeal petition?
(a) Format. An appeal from a HUBZone status protest determination
must be in writing. There is no required format for an appeal petition.
However, it must include the following information:
(1) A copy of the protest determination;
(2) The date the appellant received the protest determination;
(3) A statement that the petitioner is appealing a HUBZone status
protest determination issued by the D/HUB;
(4) A full and specific statement as to why the HUBZone status
protest determination is alleged to be based on a clear error of fact
or law, together with argument supporting such allegation;
(5) The solicitation number, the contract number (if applicable),
and the name, address, and telephone number of the contracting officer;
and
(6) The name, address, telephone number, facsimile number, and
signature of the appellant or its attorney.
(b) Service of appeal. The appellant must serve copies of the
entire appeal petition upon each of the following:
(1) The D/HUB at <a href="/cdn-cgi/l/email-protection#345c4e55444451555847744756551a535b42"><span class="__cf_email__" data-cfemail="127a6873626277737e61526170733c757d64">[email protected]</span></a>;
(2) The contracting officer responsible for the procurement
affected by a HUBZone determination;
(3) The protested concern (the business concern whose HUBZone
status is at issue) or the protester; and
(4) SBA's Office of General Counsel, Associate General Counsel for
Procurement Law at <a href="/cdn-cgi/l/email-protection#eba4bba7988e999d82888eab98898ac58c849d"><span class="__cf_email__" data-cfemail="703f203c03150206191315300312115e171f06">[email protected]</span></a>.
(c) Certificate of Service. The appellant must attach to the appeal
petition a signed certificate of service meeting the requirements of
Sec. 134.204(d).
(d) Dismissal. An appeal petition that does not meet all the
requirements of this section may be dismissed by the Judge at his/her
own initiative or upon motion of a respondent.
Sec. 134.1306 What are the service and filing requirements?
The provisions of Sec. 134.204 apply to the service and filing of
all pleadings and other submissions permitted under this subpart,
unless otherwise indicated in this subpart.
Sec. 134.1307 What are the requirements for transmitting the protest
file?
Upon receipt of an appeal petition, the D/HUB will send to OHA a
copy of the protest file relating to that determination. The D/HUB will
certify and authenticate that the protest file, to the best of his or
her knowledge, is a true and correct copy of the protest file.
Sec. 134.1308 What is the standard of review?
The standard of review for an appeal of a HUBZone status protest
determination is whether the D/HUB's determination was based on clear
error of fact or law. The appellant has the burden of proof, by a
preponderance of the evidence.
Sec. 134.1309 When will a Judge dismiss an appeal?
The presiding Judge must dismiss the appeal if:
(a) The appeal is untimely filed under Sec. 134.1303;
(b) The appeal does not, on its face, allege facts that if proven
to be true, warrant reversal or modification of the determination; or
(c) The matter has been decided or is the subject of adjudication
before a court of competent jurisdiction over such matters; however,
once an appeal has been filed, initiation of litigation of the matter
in a court of competent jurisdiction will not preclude the Judge from
rendering a final decision on the matter.
Sec. 134.1310 Who can file a response to an appeal petition and when
must such a response be filed?
(a) Who may respond. Although not required, any person served with
an appeal petition may file and serve a response supporting or opposing
the appeal if he or she wishes to do so. The response should present
arguments related to the issues presented on appeal.
(b) Time limits. If a person decides to file a response, the
response must be filed within fifteen (15) business days after service
of the appeal petition.
(c) Service. The respondent must serve its response upon the
appellant and upon each of the persons identified in the certificate of
service attached to the appeal petition pursuant to Sec. 134.1305.
(d) Reply to a response. No reply to a response will be permitted
unless the Judge directs otherwise.
Sec. 134.1311 Will the Judge permit discovery and oral hearings?
Discovery will not be permitted, and oral hearings will not be
held.
Sec. 134.1312 What are the limitations on the introduction of new
evidence?
The Judge may not admit evidence beyond the written protest file
nor permit any form of discovery. All appeals under this subpart will
be decided solely on a review of the evidence in the written protest
file, arguments made in the appeal petition, and response(s) filed
thereto.
Sec. 134.1313 When is the record closed?
The record will close when the time to file a response to an appeal
petition expires pursuant to Sec. 134.1310.
Sec. 134.1314 When must the Judge issue his or her decision?
The Judge shall issue a decision, insofar as practicable, within
forty-five (45) calendar days after close of the record.
Sec. 134.1315 What are the effects of the Judge's decision on the
procurement at issue?
The Judge's decision is the final agency decision and becomes
effective upon issuance. For the effects of the decision on the
procurement at issue, see Sec. 126.803(e) of this chapter.
[[Page 76589]]
Sec. 134.1316 Can a Judge reconsider an appeal decision?
(a) Any party who has appeared in the proceeding, or SBA, may
request reconsideration of the OHA appeal decision by filing with the
Judge and serving a petition for reconsideration on all the parties to
the appeal within twenty (20) calendar days after service of the
written decision. The request for reconsideration must clearly show an
error of fact or law material to the decision. The Judge may also
reconsider a decision on his or her own initiative, within twenty (20)
calendar days after issuance of the written decision.
(b) The Judge may remand a proceeding to the D/HUB for a new
HUBZone status protest determination if the D/HUB fails to address
issues of decisional significance sufficiently, does not address all
the relevant evidence, or does not identify specifically the evidence
upon which it relied. Once remanded, OHA no longer has jurisdiction
over the matter, unless a new appeal is filed as a result of the new
HUBZone status protest determination.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2022-26873 Filed 12-14-22; 8:45 am]
BILLING CODE 8026-09-P
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