Courts, Boards, & GAO

Trending Now
No Standing, No Service: Why an ICE Air Contractor Couldn’t Challenge a Deportation Support Contract • Whither the Training Materials? Failure to Address Manual Requirement Sinks Proposal for Marine Systems Contract • Federal Circuit Unwilling to Countenance Protest Filed Two Years Late • House Committee to Consider Legislation Codifying the Rule of Two for Small Business Set-Asides • US Navy FY 2027 Budget Request – Key Trends, Risks, and Implications

OHA Says Agency Email Was Not a Final Appealable Decision

one photo | Shutterstock

The contractor received an email from GSA stating the company was ineligible for reinstatement on the contract due to its size. The contractor appealed this rejection. OHA found the email was not a final decision appealable to OHA.

Size Appeal of MicroTechnologies, LLC, SBA No. SIZ-6341
  • Appeal - The appellant challenged a notification that its application for recertification was denied. According to the appeal, the appellant submitted a request to GSA seeking to be "reinstated and be able to pursue VETS 2 opportunity  GSA responded that according to SBA, applicable regulations do "not allow for [the Appellant] to be reinstated to VETS2 until the next option period."
  • Decision - The appeal did not reference any formal size determination issued by SBA, nor did the appellant file a request for recertification. Although the email relayed the SBA's opinion that the appellant was not immediately eligible for reinstatement, it was not a final decision. Thus, OHA dismissed the appeal as premature.

-- Case summary by Joshua Lim, Assistant Editor.

Size Appeal of MicroTechnologies, LLFC, SBA No. SIZ-6341 (2025)

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.