NAICS Solicitation ClassificationsNAICS Solicitation Classifications&&

Size ProtestsSize Protests

Briefing Overview

Jon Haitsuka

Office of Size Standards

202-205-6618

SizeStandards@SBA.GOV

What is A Small Business?

Entity Organized for Profit Place of Business in the U.S. Contributes to the U.S. economy—

Taxes, Employment Meets the Size Standard

Procurement – NAICS code assigned Other – Primary Industry

Independently Owned & Operated

NAICS CODES North American Industry Classification System Common System of U.S., Canada, & Mexico Replaced Standard Industrial Classification

(SIC) system in 1997 U. S. Census Bureau’s responsibility

http://www.census.gov/epcd/www/naics.html

Classification System to ID industries Groups Establishments Producing Similar Goods

& Services Developed to collect Economic Data

What NAICS Code to Choose?

FAR 19.303

13 CFR 121.402(b)

Contracting Officer’s Responsibility

Specified in Solicitation Contracting Officer decision FAR Clause 52.204 Reps & Certs

What NAICS Code to Choose? Selects the NAICS code which best

describes the Principal Purpose of the product or service being acquired.

Usually, Component/Service Representing the Greatest Value

Other Considerations Labor Categories

What NAICS Code to Choose?

Example:

Engineering Services $4.5 million

Vs

Computer System Design $23.5 million

What NAICS Code to Choose?

JUSTIFY, JUSTIFY, JUSTIFY

Work Statement

Labor Categories

Scope of Work

NAICS CODE APPEALS

FAR 19.303

13 CFR 121.1102 & 134.301

www.sba.gov/oha

Companies can file appeal within 10 days after issuance of the initial solicitation

Filed with SBA’s Office of Hearings and Appeals Independent office within SBA

SBA’s OHA decision is final

On-Line Representation & Certification Application

(ORCA)

FAR Clause 52.204-8

•Small Business Self-Certifications in the ORCA Profile

•Pulls certain data fields from CCR, including NAICS

•Clause states ORCA Profile is current and includes the solicitation’s NAICS code

Size Protests and Size Determinations

13 C.F.R. § 121.1001: Who may initiate a size protest or request a formal size determination?

Size Protest:1. Unsuccessful Offeror2. CO3. SBA GC Area Office4. Other Interested Parties5. Other Govt. Officials

Size Determination:1. Applicant for assistance2. SBA Official

Size Protests and Size Determinations

13 C.F.R § 121.1002: Who makes a formal size determination?

GC Area Office

13 C.F.R. § 121.1003: Where should a size protest be filed?

Contracting Officer of Agency where procurement was awarded

Size Protests and Size Determinations

13 C.F.R. § 121.1004: What time limits apply to size protest?

1. Non-negotiated procurement or sale – 5 working days from date of bid opening.

2. Negotiated procurement – 5 working days from notice to protester or identity of prospective awardee.

3. Long-term contracts – 5 working days from notice of award.--For CO and SBA – no time limit--Effect of Award--Untimely protest--Premature protest

. .

Size Protests and Size Determinations

13 C.F.R. § 121.1005: How must a protest be filed with the contracting officer?

There is no particular format for filing a protest. A protestor should identify the business and its operators and supplement information to support their supplement information to support their claimclaim

13 C.F.R. § 121.1006: When will a size protest be referred to an SBA 13 C.F.R. § 121.1006: When will a size protest be referred to an SBA Government Contracting Area Office?Government Contracting Area Office?

There is no time table, but it should be done immediately and it should There is no time table, but it should be done immediately and it should include all materials supporting the protest.include all materials supporting the protest.

Size Protests and Size Determinations

13 C.F.R § 121.1007: Must a protest of size status relate to a particular procurement and be specific?

--Yes, and it should have specific facts that relate to the size of the protest business.

--Non-specific protests will be dismissed.

13. C.F.R. § 121.1008: What occurs after SBA received a size protest or request for a size determination?

Notify protested business and request information. Protested business has 3 business days to submit information requested (SBA Form 355).

Size Protests and Size Determinations

13 C.F.R. §121.1009: What are the procedures for making a size determination?a. Time – 10 working daysb. Basis for determinationc. Burden of persuasiond. Weight of evidencee. Formal size determinationf. Notification of determinationg. Results of a SBA size determination

13 C.F.R. § 121.1010: How does a concern become recertified as a small business?After a business is determined to be other than small, it can request for recertification, but application and approval will have an effect on future procurement or programs, only.

Size Protests and Size Determinations

13 C.F.R. § 121.1010: How does a concern become recertified as a small business?

After a business is determined to be other than small, it can request for recertification, but application and approval will have an effect on future procurement or programs, only.

Size Standards Information

http://www.sba.gov/size

Guide to Size Standards Size Regulations

Table of Size Standards NAICS Definitions

Specific FAQs What's New

Contacts – Size Specialists

Office Phone: (202) 205-6618