The Appellant Might Have Been Right About the Assigned NAICS Code, But the Agency Was Not Wrong
The appellant challenged the NAICS code assigned to a facility maintenance contract, arguing a specialty trade code was a better fit. OHA denied the appeal, reasoning that SBA rules don’t require the perfect code.
NAICS Appeal of Dellew Corp., SBA No. NAICS-6314
- The Appeal – Dellew Corp. challenged NAICS code 561210 (Facilities Support Services) for a facility maintenance contract. Dellew argued the work aligned better with a specialty trade or HVAC codes like NAICS 238990 (All Other Specialty Trade Contractors). Dellew reasoned the solicitation didn’t include enough distinct activities to justify the assigned code.
- Decision – OHA found the solicitation involved multiple services, which fit the criteria under NAICS code for facilities support services. OHA stated that SBA regulations don’t require the CO to select the perfect code, and OHA won’t reverse a designation simply because another might fit. Dellew failed to prove the code was clearly erroneous, so OHA did not need to examine whether alternative codes could potentially apply.
Kelsey Lewis represented Dellew Corporation. John Ross and Susan Chagri represented the Defense Information Systems Agency. Christopher Clarke represented the SBA.
— Case summary by Alice Song, Pub K Extern
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