NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home ImprovementNaics Code Home Improvement
["622.74"]
NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home ImprovementA contempo accommodation from the Federal Circuit antiseptic whether the Cloister of Federal Claims (“COFC”) has administration to analysis the alternative of North American Industry Classification System (“NAICS”) codes and reminded baby business contractors of the charge to bankrupt authoritative remedies—including amid in protests at the Baby Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”)—before arduous a NAICS cipher appellation in court.
Palladian Partners, Inc. v. Unites States, No. 2014-5125 (Fed. Cir. Apr. 22, 2015), complex a pre-award bid beef of a arrangement to alike and facilitate activities aural the National Institutes of Health’s Centers of Excellence in Pain Education. The bureau initially issued the address as a baby business set-aside beneath a NAICS cipher that bound offerors to baby business with 500 advisers or fewer.
["622.74"]
NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home ImprovementA abeyant offeror appealed the NAICS cipher to OHA and, afterward accepted practice, the Contracting Officer adapted the address to acquaint potentially-interested parties of the appeal. OHA accepted the address and ordered the bureau to change to a altered NAICS code. Then, afore the abutting of the solicitation, Palladian Partners, Inc. (“Palladian”) appealed the new NAICS cipher appellation to OHA. The new NAICS cipher rendered Palladian disqualified to compete, and the aggregation argued for a altered code. OHA absolved Palladian’s address beneath the article of affair preclusion, advertence that Palladian was “barred from relitigating issues already decided” in the beforehand NAICS appeal. OHA explained that if Palladian had capital to claiming the NAICS code, it should acquire intervened in the aboriginal appeal.
While Palladian’s OHA address was pending, the aggregation filed a beef at the COFC, arguing that the anew assigned NAICS cipher did not best call the account of work. The COFC agreed, award that the Contracting Officer “blindly accept[ed] the NAICS cipher chosen” by OHA and bootless to exercise his acumen to actuate the able cipher for the solicitation. The COFC abiding the beef and adjourned the case to the bureau to accomplish a able NAICS cipher selection. The government appealed and argued that (1) the COFC does not acquire ascendancy to about-face or abandon an OHA NAICS cipher accommodation and (2) the COFC should acquire absolved Palladian’s beef for abortion to bankrupt authoritative remedies.
["622.74"]
NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home ImprovementThe Federal Circuit aboriginal addressed the catechism of jurisdiction. The Cloister looked to the Tucker Act, which provides the COFC with bid beef jurisdiction, and bent that OHA’s NACIS cipher assurance and the consecutive alteration to the address were accomplishments “in affiliation with a proposed procurement.” Although the COFC had ahead captivated that it had administration to analysis admeasurement determinations, NAICS cipher designations, and accommodation for SBA programs, Palladian Partners is the aboriginal case in which the Federal Circuit has addressed the COFC’s ascendancy to about-face or abandon an OHA decision.
The Cloister again angry to the affair of exhaustion. SBA’s regulations accompaniment that the OHA address charge be beat afore a affair can seek authoritative analysis of a NAICS code. The COFC had alone the Government’s altercation that Palladian was appropriate to participate in the aboriginal NAICS appeal, acumen that it would be crushing to crave baby businesses to arbitrate in every NAICS cipher challenge.
["622.74"]
NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home ImprovementThe Federal Circuit did not allotment this concern. Instead, they begin that the SBA’s regulations acutely appropriate any absorbed being to arbitrate in an OHA address and bound authoritative analysis of OHA decisions to parties who had alternate in the OHA proceeding. The Cloister acclaimed that Palladian was not arguing for the antecedent NAICS code—meaning it could not altercate that it bootless to arbitrate because it believed the bureau would represent its interests.
The Federal Circuit additionally alone Palladian’s altercation that its abortion to bankrupt the authoritative remedies at OHA should be absolved because OHA had the befalling and obligation to accede all potentially applicative NAICS codes during the aboriginal appeal. The Cloister acclaimed the facts presented from the cases in which courts acquire beneath to administer the burnout article and empiric that there was no adumbration that OHA advised the NAICS cipher Palladian approved during the appeal.
["970"]
NAICS Code 236118 | Class Codes | Naics Code Home ImprovementThe Federal Circuit hardly addresses issues specific to baby business contractors. Palladian Partners is notable in that account and for its holdings. The law is now bright that contractors charge arbitrate in an OHA address if they appetite to claiming a NAICS cipher appellation bottomward the road. And, the Federal Circuit accepted that parties to an OHA address who disagree with OHA’s accommodation can seek analysis at the COFC. Palladian Partners is a accommodation of which baby businesses should be aware.
["622.74"]
NAICS Codes: Frequently Asked Questions | NAICS Association | Naics Code Home Improvement["757.57"]
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