Just a few weeks ago we talked about how strict the SBA’s size protest deadlines were. Well, the deadlines to appeal a decision cancelling Service-Disabled Veteran-Owned Small Business status are no less strict—something a now former SDVOSB recently found out the hard way.
Even filing an appeal within the timeframe, but sending it to the wrong agency, does not rescue an appeal from being considered untimely.
The SBA Office of Hearings and Appeals (OHA) dismissed an appeal filed by Taylor Made Solutions, LLC after the Department of Veterans Affairs Center for Verification and Evaluation (CVE) cancelled the company’s SDVOSB verified status.
CVE sent the company a letter saying its status was cancelled on October 14. The letter informed Taylor Made that it could appeal the decision if it filed the appeal with OHA within 10 business days (which would have been October 28 in this case).
It’s not entirely clear from the decision, but presumably the letter did not explain how to file such an appeal.
On October 20, the Tuesday after receiving the cancellation notice Taylor Made evidently spoke to CVE and learned that an appeal had to be filed at OHA. Taylor Made called OHA asking for guidance but did not receive an answer—(been there, my friend, since COVID it has been much more difficult to get federal officials on the phone regardless of agency).
The evening of October 27, Taylor Made sent its appeal to CVE, which, to make things a bit more confusing, does accept appeals but not those based on SDVO eligibility criteria. As is its practice, CVE acknowledged the appeal, but said that an appeal of SDVOSB cancellation needed to be filed with OHA. Taylor Made followed up on November 6 to ask what happened. Receiving no response, Taylor Made managed to file with OHA after the close of business November 17, almost a full month after it received the cancellation notice.
OHA gave Taylor Made an opportunity to argue against dismissal and the business took the opportunity to do so, arguing that the circumstances—filing on time but at CVE, being unable to reach OHA by phone—warranted hearing the appeal.
OHA said that it had no discretion to hear an untimely appeal and that, “the appeal is untimely and must be dismissed.”
The takeaway is that seeking a lawyer’s advice about these things should generally be step one.