13 CFR § 134.1304 - What are the effects of the filing of an appeal on the procurement at issue?

---
identifier: "/us/cfr/t13/s134.1304"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 134.1304 - What are the effects of the filing of an appeal on the procurement at issue?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "134.1304"
section_name: "What are the effects of the filing of an appeal on the procurement at issue?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "134"
part_name: "RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189."
regulatory_source: "61 FR 2683, Jan. 29, 1996, unless otherwise noted."
cfr_part: "134"
---


# 134.1304 What are the effects of the filing of an appeal on the procurement at issue?

(a) If a timely appeal is filed after contract award, the contracting officer must consider whether performance can be suspended until an appellate decision is rendered.

(b) If a timely appeal is filed before contract award, the contracting officer must withhold award until the appellate decision is rendered, unless the contracting officer has determined that award and performance of the contract is in the best interests of the government.