You know what they say: if the shoe fits, wear it. When it comes to North American Industry Classification System (NAICS) codes, finding the right fit can be just as important. Have you ever thought to yourself that a designated NAICS code didn’t really match up with the solicitation, or that something just seemed off? The NAICS Code appeal is the means of getting that addressed. A recent OHA decision is a good reminder of this, involving a debate of the NAICS code and requiring OHA to evaluate whether the primary purpose of the work was to perform ambulatory health care services or office administrative services. We explore that decision here.
Continue readingTag Archives: NAICS code
OHA: NAICS Code Should be Diagnostic Imaging, Not Physicians Office
In the world of government contracting, most contractors consider protests in the context of bid, size, or status protests. As we’ve discussed before, however, there is another highly useful tool in the toolbox for contractors: the NAICS code appeal. When leveraged correctly, the NAICS code appeal can be quite effective for small businesses in securing a favorable outcome. That said, a recent SBA OHA decision shows that the burden of proof on a NAICS code protester requires some potentially heavy lifting. Today we’re diving into that decision to help clarify what it takes to successfully appeal the NAICS code designation in a federal solicitation, and thereby help determine whether this particular approach is the right one for your business.
Continue readingSBA Proposes Increases to Receipts-Based Size Standards
Every five years the SBA is supposed to review some of its size standards. In August 2025, the SBA issued a proposed rule which would increase the size standard for over two hundred and sixty industries. As the proposed rule explains in great detail, SBA increased size standards for some NAICS codes and retained others. Let’s take a closer look.
Continue readingNAICS Code Appeal Still a Powerful Tool
When contractors think of protests or litigation related to federal contracting, likely their thoughts go to a bid protest or a size protest. Additionally, when thinking of protesting prior to bids being due, the focus generally is on the wording and provisions of a solicitation. However, contractors should not forget how powerful a tool a NAICS code appeal could be for small business procurements. A recent brief decision in a NAICS code appeal serves as reminder of how useful a simple NAICS code appeal can be for contractors.
Continue readingNAICS Code Appeal: OHA Says Agency’s Assignment of Code Doesn’t Have to be Perfect
When a contractor believes an agency assigned the wrong North American Industry Classification System (NAICS) code to a solicitation, it can file an appeal with the SBA’s Office of Hearings and Appeals (OHA). However, for OHA to correct the NAICS code, the contractor must show the contracting officer’s assignment was clearly erroneous. As we’ve discussed, counting just those NAICS code appeals decided on the merits, about 45% were granted, per a GAO report.
Continue readingWhy File: A NAICS Code Appeal
A NAICS code appeal can be a powerful tool for altering the competitive landscape of a bid by changing what size of business is allowed to submit a bid and thereby either increasing or decreasing the potential competitor pool. This post explores some of the important reasons for considering filing a NAICS code appeal. While NAICS codes appeals are not that common, they have a fairly high rate of success.
Continue readingGovology Webinar: Cracking the Code: NAICS Essentials for Government Contractors, September 12, 2023, 1:00pm EDT
Join this webinar as John Holtz and I explore the pivotal role of NAICS codes in determining eligibility for SBA’s exclusive small business set-aside contracts. Recent revisions in size thresholds, size calculations, and industry classifications within the latest NAICS manual have reshaped the landscape. We’ll also discuss NAICS codes appeals, which can be a powerful tool. Register here.