Appealing the NAICS code a procuring agency assigns to a set-aside solicitation can be a powerful tool: after all, if the NAICS code and corresponding size standard change, it can dramatically alter the competitive playing field. But if a company wants to file a NAICS code appeal, it must file with the SBA Office of Hearings and Appeals, not the GAO, which lacks jurisdiction to hear challenges to NAICS code designations—something the protester in BlueStar Energy Solutions, B-405690 (Dec. 12, 2011) learned too late.
Category Archives: NAICS Code Appeals
Posts dealing with appeals of North American Industry Classification System Codes, decided by the SBA Office of Hearings and Appeals.
See Ya! Contractor Wipes Out Two-Thirds of Its Potential Competitors with Successful NAICS Appeal
Of all the many “protest” tools available to small government contractors, NAICS code appeals can be one of the most powerful. Unfortunately, many contractors don’t fully understand the NAICS appeal process, or how it can help them reach their procurement goals. The decision of the SBA Office of Hearings and Appeals in NAICS Appeal of 1st American Systems & Services, LLC, SBA No. NAICS-5119 (2010) provides a compelling example of how a savvy small business contractor can use the NAICS appeal process to vastly narrow the competitive playing field.