Courts, Boards, & GAO

Trending Now

Phase One Fizzle: Protester’s Past Performance Doesn’t Make the Cut • Shipping Container Set-Aside Sinks: Was the Agency’s Market Research All at Sea? • “Let’s Just Agree to Never Speak of this Again”: ASBCA Refuses to Bury Decision as Condition of Settlement • RFO Consolidation Limitations Do Not Apply to BPAs, Says GAO • CAS Board Publishes Final Rule Rescinding CAS 404, 408, 409, and 4117

Published on March 24, 2025 • Law

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.

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.