NAICS Code Appeals

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When a solicitation is issued, the Contracting Officer designates the NAICS code which best describes the principal purpose of the product or service being acquired, and the corresponding size standard.

Since size standards differ by NAICS code, your business may be considered ‘Small’ under one NAICS code but not another.  If the award is set-aside for a small business, the decision to designate a certain NAICS code could affect your eligibility.

Contracting Officers designate NAICS codes according to specific criteria set out in the Code of Federal Regulations 13 CFR 121.402.

You can appeal the NAICS code designation of any contract. Initially you might contact the Contracting Officer, asking for clarification. If you need to submit a formal appeal, you must contact the SBA’s Office of Hearings and Appeals within 10 days of the publication of the solicitation. Follow the procedures in 13 CFR 121.1102-1103 and 134 Subpart C.

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