19.103
Appealing the contracting officer's North American Industry Classification System code and size standard determination
FAR 19.103 provides a structured, time-sensitive process for appealing NAICS code and size standard determinations, ensuring affected parties have a formal avenue for challenge.
Overview
FAR 19.103 outlines the procedures for appealing a contracting officer’s determination of the North American Industry Classification System (NAICS) code and the applicable size standard for a federal procurement. This section details who may file an appeal, the timelines for doing so, the process for handling appeals, and the responsibilities of contracting officers and the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). The regulation ensures that parties adversely affected by a NAICS code or size standard designation have a formal process to challenge such decisions, thereby promoting fairness and transparency in federal contracting.
Key Rules
- Appeal Timelines and Eligibility
- Appeals must be filed within 10 calendar days of the solicitation or amendment, except the SBA may appeal before offers are due. Only certain parties, including adversely affected persons and specific SBA officials, may file appeals.
- Filing and Notification Procedures
- Appeals are filed with SBA’s OHA, and the contracting officer must notify the public of the appeal and provide relevant documentation to OHA. The contracting officer must respond within 15 days of OHA’s notice and withhold award unless it is not in the government’s best interest.
- OHA Decision and Impact
- OHA will issue a decision after the record closes. If the decision is received before offers are due, it is final for the solicitation; otherwise, it applies to future solicitations.
Responsibilities
- Contracting Officers: Must notify the public of appeals, provide documentation to OHA, respond to appeals, and withhold award as required.
- Contractors/Interested Parties: Must file appeals within the specified timeframe and follow OHA procedures.
- Agencies/SBA: Oversee the appeal process and ensure compliance with regulations.
Practical Implications
- This section provides a clear process for challenging NAICS code and size standard determinations, which can impact eligibility for set-asides and small business participation. Timely action and proper documentation are critical. Failure to follow procedures or deadlines can result in dismissal of appeals or missed opportunities.