CFC Dismisses Protest of SBA Decision Not to Reopen Size Determination
Client Alert | less than 1 min read | 08.02.11
In Outdoor Venture Corp. v. U.S., the Court of Federal Claims dismissed the protest of an awardee of a small business set-aside contract that had failed to file a timely appeal of an adverse size determination to SBA’s Office of Hearings and Appeals. The CFC held that the decision to reopen a size determination is within the SBA’s “sole discretion, and because there are no guidelines for SBA to follow, the [CFC] lacks jurisdiction to review SBA's decision."
Insights
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SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
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U.S. Department of Commerce Partially Relaxes Export Controls on Syria
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