SBA OHA Decision Dismisses Appeal Challenging the Decertification of WOSB

SBA No. WOSB-123, 2024 (S.B.A.), 2024 WL 3251016

ORDER DISMISSING APPEAL

On June 5, 2024, Allaires Management Information Technology Consulting Firm LLC (Appellant) filed the above-captioned appeal with the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA). The appeal seeks to challenge the decertification of Appellant’s participation in the Women-Owned Small Business (WOSB) program. Appellant asks that OHA reconsider Appellant’s decertification and reinstate it in the program. (Appeal, at 1-2.)

On June 11, 2024, OHA ordered Appellant to show cause why the instant appeal should not be dismissed for lack of jurisdiction by no later than June 18, 2024. Appellant did not respond.

Pursuant to SBA regulations, OHA has jurisdiction over appeals from WOSB and Economically-Disadvantaged WOSB (EDWOSB) status protest determinations in the context of government procurements but does not otherwise have jurisdiction over disputes pertaining to eligibility and participation in the WOSB program. 13 C.F.R. §§ 127.605, 134.102(s), and 134.701(a). The regulations only give OHA jurisdiction over appeals of the Director of Government Contracting’s determinations in response to protests of the status of a concern which has been identified as the apparent successful offeror in a procurement where status as a WOSB or EDWOSB is advantageous. A decision by SBA’s Director of Government Contracting to deny or decertify a concern’s participation in the WOSB program constitutes a final agency decision and cannot be appealed to OHA. 13 C.F.R. § 127.304(i); Matter of Woods Peacock Eng’g Consultants, Inc., SBA No. WOSB-121 (2024); Matter of Data Analytics Corp., SBA No. WOSB-116 (2022); Matter of Idaho Heatseeker, LLC, SBA No. WOSB-115 (2022).

Here, Appellant seeks to dispute the WOSB certification process and termination to the WOSB program. It is clear that Appellant is not appealing a protest determination of the status of a WOSB concern under 13 C.F.R. §§ 127.604 — 127.605, in connection with a protest and pending procurement, covered by the regulation cited above. Therefore, OHA has no jurisdiction over this matter.

For the above reasons, I DISMISS the instant appeal for LACK OF JURISDICTION. This is the final decision of the U.S. Small Business Administration. See 13 C.F.R. § 134.227(b)(5).

Read the decision here.

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