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1. What is the time limit for filing a NAICS appeal?
You must file your NAICS appeal with OHA within 10 calendar days of the issuance of the solicitation or within 10 calendar 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). OHA must receive your appeal by 5 pm EST on the tenth day.
2. Where must I file my appeal?
We now accept appeals via the Hearing and Appeals Submission Upload (HASU) Application. The HASU can be found here (https://HASU.sbax.sba.gov). Please note that submitting an appeal using HASU is not required and HASU is only used to transmit the appeal to OHA. The submitter is responsible for serving a copy of the appeal to all appropriate parties. If you submitted your appeal using another method (email, fax, mail), you DO NOT need to submit the appeal using HASU. Submissions must be in PDF format and cannot be larger than 20MB. HASU will provide you with a timestamp showing when the appeal was submitted. Please call OHA at (202) 401-8200 to confirm that we received your filing.
3. What else must I do?
In addition to filing your appeal at OHA, you must send a copy of the appeal petition and all attachments to:
- The contracting officer who made the NAICS code designation
- SBA’s Office of Procurement Law, 13 C.F.R. § 134.305(c)
4. What must I include with my appeal?
A certificate of service. 13 C.F.R. § 134.204(d). The certificate of service shows that you sent a copy of your appeal to the people in the paragraph above. Here is a sample certificate of service for a NAICS appeal.
5. What must I put in my appeal?
- The solicitation number
- The contracting officer’s name and contact information
- Your name and contact information
- Arguments as to why the designated NAICS code is incorrect and why another NAICS code is correct
6. What rules and regulations will OHA use when deciding my appeal, and where can I find them?
The regulations governing NAICS designations and appeals are available at 13 C.F.R. § 121.402. OHA’s regulations are available at 13 C.F.R. §§ 134.101-318. You may search OHA’s decisions interpreting these regulations in our database and cite to these decisions in your appeal. The online NAICS Manual is available here, and the size standards for each NAICS code are at 13 C.F.R. § 121.201.
7. I have filed my NAICS appeal. Now what happens?
The OHA judge assigned to your appeal will issue a notice and order setting a date for the close of record. All arguments and supporting documents must be received at OHA by this date. If you do not receive a notice and order within a few days, call OHA at (202) 401-8200. Once the record closes, the judge will decide the case and issue a written decision as soon as practicable.