When the federal government, through the contracting officer assigns an incorrect North American Industry Classification System – NAICS Code Listing, contractors have very little time to react. Under 13 CFR 134.304, Commencement of appeals from size determinations and NAICS designations, you have to file your NAICS Code appeal within ten calendar days after issuance of the solicitation, or amendment to the solicitation affecting the size standard.
If the SBA disagrees with the contracting officer’s choice from the NAICS Code List, it may also file a NAICS code government appeal at any time before offers or bids are due.
The deadline for filing is not waived. Under 13 CFR 134.304, OHA will dismiss an untimely appeal. Sometimes, the contracting agency may issue a solicitation that affects NAICS codes. If this is the case, then the OHA Appeal must be filed and served within ten days after the issuance of the amendment.
SBA OHA Government NAICS Codes Appeal Services
Our small business lawyers provide a broad range of legal services including:
- Evaluation of your case for legal merit.
- Assessing the specific requirements of current procurement.
- Preparing and filing Government NAICS Codes appeals to OHA.
- Responding to briefs and applying relevant case law.
To speak with an experienced NAICS codes government appeal lawyer, call 1-866-601-5518.
At Watson & Associates, LLC our government contract law attorneys help small businesses to overcome the common mistakes seen in litigation to SBA OHA. Simply looking at the North American Industry Classification System Government NAICS Code listing does not resolve the dispute. The key to success is meeting the short deadlines to file the appeal and presenting your case using the proper legal standard before the court.
Where do you file the NAICS Code appeal under 13 CFR 124.304?
The U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) is authorized to hear NAICS code appeals under the Small Business Act of 1958, 15 USC 631 and 13 CFR 121 and 13 CFR 134.304.
What is the level of proof on appeal? When you file a NAICS code appeal, you must meet the preponderance of the evidence standard of all elements of its appeal. You must show that the CO’s choice under the NAICS Code listing was based upon a clear error of fact or law. See 13 CFR 134.304.
- Failure to meet this requirement will get an unfavorable result.
How should the CO choose the appropriate industry classification code? Government contracts requires that the contracting officer look for an industry classification code that best describes the principal purpose of the product or service being acquired in light of the industry descriptions in the NAICS Codes Manual, the description in the RFP, the relative value and importance of the components of the procurement making up the end item being procured, and the function of the goods or services being acquired. See FAR 19.303(a)(2) and 13 CFR 121.402 (b).
Watson’s NAICS codes appeal lawyers represent federal contractors in all states regarding litigation and trial matters. We intervene for federal small businesses and large DoD contractors in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming.
Cities in which our CO and Washington DC government contract NAICS Code appeal lawyers help contractors include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.
Contact a Government Contract NAICS Code Appeals Attorney
For immediate help, and to meet the short deadlines under OHA rules, call our government contracts attorneys for you next OHA NAICS Code government appeal. Call 1-866-601-5518 – FREE INITIAL CONSULTATION.