The agency set aside an elevator repair contract for SDVOSBs. A prospective offer alleged the agency has assigned the wrong NAICS code to the procurement. OHA agreed. The agency had assigned the procurement the NAICS code for industrial blade sharpening. There was another code for maintenance, however, that specifically listed elevator installation as one of the designated activities. OHA found that the code that actually mentioned elevators—as opposed to one for industrial blades—was more appropriate.
NAICS Appeal of Elevated Technologies, SBA No. NAICS-6146
The Department of Veterans Affairs issued a solicitation seeking elevator maintenance and repair services. The solicitation was set aside for SDVOSBs. The agney initially assigned the procurement NAICS code 238290, Building Equipment Contractor, with a size standard of $16.5 million in annual receipts. Later, however, the VA changed the NAICS code to 811310, Commercial and Industrial Machinery, with a size standard of $8 million. Elevated Technologies, Inc. appealed to the SBA’s Office of Hearings and Appeals alleging that the agency had improperly changed the code.
OHA agreed with Elevated. The initial code, 238290, covered construction, maintenance, and repair and specifically listed elevator installation as illustrative work. The Code VA selected, 811310, applies to installation, sharpening or welding of machinery blades. The VA made an error by changing the code. OHA ordered the agency to change it back.
Elevated is represented by Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox, II, and Ian P. Patterson of Schoonover & Moriarty.
