[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR134.305]

[Page 339]
 
                               ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS--Table of Contents
 
 Subpart C--Rules of Practice for Appeals From Size Determinations and 
                          SIC Code Designations
 
Sec. 134.305  The appeal petition.

    (a) Form. There is no required format for an appeal petition. 
However, it must include the following information:
    (1) The Area Office which issued the size determination, or the 
contracting office which designated the SIC code;
    (2) The solicitation or contract number, and the name, address, and 
telephone number of the contracting officer;
    (3) A full and specific statement as to why the size determination 
or SIC code designation is alleged to be in error, together with 
argument supporting such allegations; and
    (4) The name, address, telephone number, and signature of the 
appellant or its attorney.
    (b) Service of size determination appeals. The appellant must serve 
the appeal petition upon each of the following:
    (1) The SBA official who issued the size determination;
    (2) The contracting officer responsible for the procurement affected 
by a size determination;
    (3) The business concern whose size status is at issue;
    (4) All persons who filed protests; and
    (5) SBA's Office of General Counsel.
    (c) Service of SIC appeals. The appellant must serve the contracting 
officer who made the SIC code designation.
    (d) Certificate of service. The appellant must attach to the appeal 
petition a signed certificate identifying each person or governmental 
agency which was served with the notice of appeal, and how and when each 
of those persons or governmental agencies was served.
    (e) Dismissal. An appeal petition which does not contain all of the 
information required in paragraph (a) of this section may be dismissed, 
with or without prejudice, by the Judge at his or her own initiative, or 
upon motion of a respondent.