[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.303]



[Page 357-358]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 19_SMALL BUSINESS PROGRAMS--Table of Contents

 

 Subpart 19.3_Determination of Small Business Status for Small Business 

                                Programs

 

Sec. 19.303  Determining North American Industry Classification System (NAICS) codes and size standards.



    (a) The contracting officer shall determine the appropriate NAICS 

code and related small business size standard and include them in 

solicitations above the micro-purchase threshold.

    (b) If different products or services are required in the same 

solicitation, the solicitation shall identify the appropriate small 

business size standard for each product or service.

    (c) The contracting officer's determination is final unless appealed 

as follows:

    (1) An appeal from a contracting officer's NAICS code designation 

and the applicable size standard must be served and filed within 10 

calendar days after the issuance of the initial solicitation. SBA's 

Office of Hearings and Appeals (OHA) will dismiss summarily an untimely 

NAICS code appeal.

    (2)(i) The appeal petition must be in writing and must be addressed 

to the--



Office of Hearings and Appeals, Small Business Administration, Suite 

5900, 409 3rd Street, SW., Washington, DC 20416



    (ii) There is no required format for the appeal; however, the appeal 

must include--

    (A) The solicitation or contract number and the name, address, and 

telephone number of the contracting officer;

    (B) A full and specific statement as to why the size determination 

or NAICS code designation is allegedly erroneous and argument supporting 

the allegation; and

    (C) The name, address, telephone number, and signature of the 

appellant or its attorney.

    (3) The appellant must serve the appeal petition upon--



[[Page 358]]



    (i) The SBA official who issued the size determination;

    (ii) The contracting officer who assigned the NAICS code to the 

acquisition;

    (iii) The business concern whose size status is at issue;

    (iv) All persons who filed protests; and

    (v) SBA's Office of General Counsel.

    (4) Upon receipt of a NAICS code appeal, OHA will notify the 

contracting officer by a notice and order of the date OHA received the 

appeal, the docket number, and Judge assigned to the case. The 

contracting officer's response to the appeal, if any, must include 

argument and evidence (see 13 CFR Part 134), and must be received by OHA 

within 10 calendar days from the date of the docketing notice and order, 

unless otherwise specified by the Administrative Judge. Upon receipt of 

OHA's docketing notice and order, the contracting officer must 

immediately send to OHA a copy of the solicitation relating to the NAICS 

code appeal.

    (5) After close of record, OHA will issue a decision and inform the 

contracting officer. If OHA's decision is received by the contracting 

officer before the date the offers are due, the decision shall be final 

and the solicitation must be amended to reflect the decision, if 

appropriate. OHA's decision received after the due date of the initial 

offers shall not apply to the pending solicitation but shall apply to 

future solicitations of the same products or services.



[48 FR 42240, Sept. 19, 1983, as amended at 51 FR 2664, Jan. 17, 1986; 

55 FR 38516, Sept. 18, 1990; 55 FR 52791, Dec. 21, 1990; 60 FR 34756, 

July 3, 1995; 61 FR 39198, July 26, 1996; 62 FR 236, Jan. 2, 1997; 63 FR 

9056, Feb. 23, 1998; 65 FR 46056, 46057, July 26, 2000]