PilieroMazza successfully appealed an adverse SBA size determination to the SBA’s Office of Hearings and Appeals (“OHA”), enabling the appellant to resume self-certifying as small for government contracts. 

The appeal arose out of an SBA Area Office decision, analyzing the appellant’s size for purposes of its 8(a) application.  The Area Office found that the appellant was small as of the date of its application, but not small as of the date the Area Office issued the size determination.  In reversing the Area Office’s decision, OHA agreed with PilieroMazza the applicable regulation did not permit the Area Office to evaluate the appellant’s size as of the date of the size determination.  For 8(a) purposes, size is to be evaluated on two precise dates: the initial application date, and the date of certification as an 8(a) participant.  Because the appellant had not yet been certified as an 8(a) participant, the only relevant date, for size purposes, was the date of the appellant’s application, for which the appellant had already been found to be a small business.  OHA held that by also evaluating the appellant on the date of the size determination, the Area Office committed a clear error of law.