OHA Appeals

NAICS (Formerly SIC) Code  Appeals

Frequently Asked Questions


DISCLAIMER: WE PROVIDE THIS INFORMATION ON OUR HOME PAGE TO FACILITATE THE PREPARATION OF AN APPEAL. THE INFORMATION IS NOT INTENDED TO PROVIDE ALL AVAILABLE INFORMATION REGARDING APPEALS.


1.  What is a North American Industry Classification System (NAICS) code appeal?

Each NAICS code identifies an industry, and has a corresponding revenue- or employee-based small business size standard.  In a small-business set-aside procurement, the contracting officer designates the applicable NAICS code, whose size standard the awardee must meet.  Any offeror or other interested party adversely affected by the designated NAICS code may appeal that NAICS code to OHA.  See 13 C.F.R. secs. 121.402 and 121.1102.

2.  I want to appeal a NAICS code designation.  What must I do?

  • Read the SBA regulations governing NAICS code appeals at 13 C.F.R. Part 134, secs. 134.101-134.317.  These regulations tell you what information must be in the appeal petition (sec. 134.203); how to file and serve the appeal (sec. 134.204), who may represent your company if you don't have a lawyer (sec. 134.208); and how to calculate the filing deadline (secs. 134.304 and 134.103(a)), among other things.
  • Argue in writing why you think the NAICS code designation is wrong.  Use the SBA's regulations governing NAICS codes at 13 C.F.R. Part 121, and OHA's past decisions to help you formulate your legal argument.  Cite particular regulatory sections by number, and cite particular OHA decisions by case name and 4-digit decision number.  To search OHA's past decisions, click here.
  • Prepare a signed certificate of service stating to whom you served the appeal petition, the method used, and the date.  See sec. 134.204.  For a sample certificate of service, click here.  
  • Serve your appeal petition and a copy of the certificate of service to all parties as directed in secs. 134.204 and 134.305
  • File the appeal petition ON TIME.  OHA Judges MUST dismiss untimely NAICS code appeals.


3.  I have filed my NAICS code appeal.  Now what happens?

The OHA Judge assigned to your appeal will issue a Notice and Order setting the close of record.  An appeal is decided in a written decision or order setting out the pertinent issues, findings of fact (based on the record), and conclusions of law (based on statute, regulation, and prior case law).  The Judge will rule on any pending motions either in one or more orders or in the decision. 

OHA staff cannot estimate the time a Judge will take to decide your appeal.

4.  What happens after the OHA Judge has issued the decision?

The OHA Judge's decision is the final decision of the SBA and becomes effective upon issuance.  See 13 C.F.R. sec. 134.316(d).  Accordingly, the only further remedy is to file a lawsuit in Federal court.

5.  Where do I find the NAICS Manual? 

For Internet access, go to http://www.sba.gov/cgi-bin/byebye.pl?TO=http://www.census.gov/epcd/www/naics.html.

6.  Where do I find the size standards?  

The size standards are listed in 13 C.F.R. sec. 121.201.  NOTE: Some size standards have changed recently.  For the latest changes, go to http://www.sba.gov/services/contractingopportunities/sizestandardstopics/index.html.