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FAR and DFARS › FAR Part 19: Small Business Programs › Subpart 19.1

FAR 19.103 Appealing the contracting officer's North American Industry Classification System code and size standard determination.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how a contracting officer's NAICS code and size standard determination can be appealed to the SBA's Office of Hearings and Appeals. It sets deadlines and procedures for filing an appeal, and states that the determination is final unless appealed. Contractors affected by the NAICS code or size standard need to act quickly because appeals are due within 10 calendar days after the solicitation or relevant amendment.

Applies to: Contracting officers and parties adversely affected by a NAICS code or size standard determination

What it requires

  • Serve and file an appeal within 10 calendar days after the issuance of the initial solicitation or any amendment affecting the NAICS code or size standard.
  • Contracting officers shall advise the public, by amendment to the solicitation, of the existence of a NAICS code appeal.
  • Upon receipt of OHA's docketing notice and order, the contracting officer shall withhold award, unless withholding award is not in the best interests of the Government, and immediately send to OHA an electronic link to or a paper copy of both the original solicitation and all amendments relating to
  • The contracting officer shall inform OHA of any amendments, actions, or developments concerning the procurement in question.

Key terms: NAICS code · size standard · Office of Hearings and Appeals (OHA) · appeal · solicitation

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The contracting officer's determination is final unless appealed as follows:

(1) An appeal of a contracting officer's NAICS code designation and the applicable size standard shall be served and filed within 10 calendar days after the issuance of the initial solicitation or any amendment affecting the NAICS code or size standard. However, SBA may file a NAICS code appeal at any time before offers are due.

(2) Appeals of a contracting officer's NAICS code designation or applicable size standard may be filed with SBA's Office of Hearings and Appeals (OHA) by—

(i) Any person adversely affected by a NAICS code designation or applicable size standard. However, with respect to a particular sole source 8(a) contract, only the SBA Associate Administrator for Business Development may appeal a NAICS code designation; or

(ii) The Associate or Assistant Director for the SBA program involved, through SBA's Office of General Counsel.

(3) Contracting officers shall advise the public, by amendment to the solicitation, of the existence of a NAICS code appeal (see 5.102(a)(1)). Such notices shall include the procedures and the deadline for interested parties to file and serve arguments concerning the appeal.

(4) SBA's OHA will dismiss summarily an untimely NAICS code appeal.

(5) NAICS code appeals are filed in accordance with 13 CFR 121.1103.

(6) 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 the Administrative Judge assigned to the case. The contracting officer's response to the appeal, if any, shall include argument and evidence (see 13 CFR part 134), and shall be received by OHA within 15 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 shall withhold award, unless withholding award is not in the best interests of the Government, and immediately send to OHA an electronic link to or a paper copy of both the original solicitation and all amendments relating to the NAICS code appeal. The contracting officer shall inform OHA of any amendments, actions, or developments concerning the procurement in question.

(7) 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 shall 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.

(b) SBA's regulations concerning appeals of NAICS code designations are located at 13 CFR 121.1102 to 121.1103 and 13 CFR part 134.

Sections it refers to

  • 5.102 Availability of solicitations.

Sections that refer to it

  • 19.102 Small business size standards and North American Industry Classification System codes.

← 19.102 Small business size standards and North American Industry Classification System codes. · 19.201 General policy. →

Rule changes for FAR Part 19

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

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