NAICS Code Appeals
NAICS Code White Papers
SBA OHA will not hear a NAICS code appeal until a formal solicitation is issued. File too early in the process—like after a pre-solicitation notice comes out—and the NAICS code appeal will be dismissed as untimely.
But just because the solicitation has not yet hit the street does not mean that you cannot work to change an erroneous NAICS code designation. Koprince Law can help you lobby the Contracting Officer to change the NAICS code before the solicitation is ever issued, including by drafting a “NAICS Code White Paper” explaining why the original NAICS code is not the best fit. If the Contracting Officer disagrees, the NAICS Code White Paper can form the basis of a subsequent NAICS code appeal at SBA OHA.
Preparing and Filing NAICS Code Appeals
If you want to challenge the NAICS code assigned to a set-aside solicitation, Koprince Law can help. Drawing on our team’s experience with NAICS appeals and set-aside procurements, as well as previous SBA OHA NAICS code decisions, Koprince Law can prepare and file a thorough NAICS code appeal on your behalf.
Intervening in NAICS Code Appeals
Sometimes, you may be perfectly satisfied with the NAICS code assigned to a solicitation—but a competitor is not. If a competitor files a NAICS code appeal with SBA OHA, you may have the right to intervene, and defend the agency’s original NAICS code selection. Koprince Law can intervene in the case on your behalf, and file a thorough rebuttal to the protester’s NAICS code challenge.
NAICS Code Articles on SmallGovCon
At Koprince Law, we closely follow the latest SBA OHA NAICS code appeal decisions, as well as regulatory changes affecting NAICS code designations and appeals. We regularly blog on NAICS code matters on our blog, SmallGovCon. Click here to read our articles on NAICS codes.
Contact Koprince Law’s NAICS Code Attorneys
The North American Industry Classification System, or NAICS code, assigned to a set-aside government contract determines the size standard for that contract–and can make all the difference when it comes to whether a small business is able to effectively compete.
But contracting officers do not always get it right when it comes to NAICS codes. If you think an agency has assigned the wrong NAICS code to a set-aside contract, you may be able to file a NAICS appeal with the SBA’s Office of Hearings and Appeals, asking SBA OHA to assign the correct NAICS code to the solicitation.