Appeals from size determinations and NAICS code designations may be filed with OHA by the following, as applicable:

1. (a) Any person adversely affected by a size determination;
2. (b) Any person adversely affected by a NAICS code designation. However, with respect to a particular sole source 8(a) contract, only the Director, Office of Business Development may appeal a NAICS code designation;
3. (c) The Associate or Assistant Administrator for the SBA program involved, through SBA's Office of General Counsel; or
4. (d) The procuring agency contracting officer responsible for the procurement affected by a size determination.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002; 74 FR 45754, Sept. 4, 2009; 75 FR 47442, Aug. 6, 2010]