The appellant alleged the contracting officer (CO) erred in applying a construction NAICS code rather than a manufacturing or supplies code. OHA agreed the CO erred in choosing a construction code but opined that a different NAICS code fit better than the two the appellant suggested.
NAICS Appeal of MissionAnalytics, LLC, SBA No. NAICS-6320
- Appeal – The appellant maintained the RFP did not seek construction services but rather, is primarily a procurement of products. Thus, the RFP should have been assigned a manufacturing or supplies NAICS code so that the nonmanufacturer rule would apply. The appellant claimed similar procurements used manufacturing or supplies NAICS codes and not construction codes.
- Response – A prospective offeror responded to the appeal. It alleged that the contracting officer (CO) did not err in selecting the construction code. It contemplated multiple instances where the procurement would require construction-type work.
- Decision – OHA ruled that the procurement was fundamentally for manufactured products. Notably, the solicitation did not identify any construction-related work. The only construction work that the prospective offeror presented was in support of the main stated goal of obtaining specific products. Thus, OHA granted the appeal but suggested a different NAICS code than the two the appellant suggested.
President of MissionAnalytics, Mike Winters, appeared for the appellant. President of Pointer Construction Group, Devrie Weliver appeared for the intervenor.
