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.
For the most up-to-date versions of the regulations cited here, please visit http://ecfr.gpoaccess.gov/
1. What is a NAICS appeal?
Each North American Industry Classification System (NAICS) code identifies an industry and has a corresponding receipts-based 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. 13 C.F.R. §§ 121.402 & 121.1102.
2. What is the time limit for filing a NAICS appeal?
NAICS appeals must be filed within 10 days of the issuance of the solicitation or within 10 days of the issuance of the amendment if the appeal relates to an amendment affecting the NAICS code. 13 C.F.R. § 134.304(a)(3).
3. To whom must I send a copy of the appeal petition?
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to: (1) the contracting officer who made the NAICS code designation; and (2) SBA’s Office of Procurement Law. 13 C.F.R. § 134.305(c).
4. What are the other important rules regulating a NAICS appeal?
The regulations governing NAICS appeals are found at 13 C.F.R. part 121 (NAICS/size regulations) and part 134 (OHA regulations).
In addition to the information listed in the FAQs for all OHA appeals, 13 C.F.R. § 134.305(a) requires you to include specific information with a NAICS appeal, most importantly: the solicitation number and the name, address, and telephone number of the contracting officer who designated the NAICS code.
5. What happens after the OHA judge has issued the decision?
The decision in a NAICS code appeal may not be reconsidered. 13 C.F.R. § 134.316(d).
6. Where do I find the NAICS Manual & Size Standards?
For online access to the NAICS Manual, click here. The size standards are listed at 13 C.F.R. § 121.201.
Program Regulations and Rules of Procedure
Please visit http://ecfr.gpoaccess.gov to find the most up-to-date regulations. The NAICS regulations are found at Title 13 of the Code of Federal Regulations, Part 121. OHA’s procedural rules are found at Title 13 of the Code of Federal Regulations, Part 134.
Certificate of Service
To view a sample NAICS appeals certificate of service, click here.