Decision Released: DOD HQ Services Acquisition Directorate Services protest dismissal

SBA No. NAICS-6330

Background

On December 20, 2024, the DoD Washington Headquarters Services Acquisition Directorate (hereafter, WHS/AD or the Agency), issued a task order Request for Proposals (RFP No. HQ003425R0051) for acquisition policy expertise services in support of the Acquisition Policy & Innovation (API) Directorate, part of the Office of the Under Secretary of Defense for Acquisition and Sustainment. The scope of the task order encompasses a range of “subject matter and technical expertise” in the field of acquisition policy. Ex. 1, RFP § C-3. The task order Performance Work Statement (PWS) contains three main task areas: Acquisition Pathway Policy Expertise, Defense Business Systems Pathway Expertise, and Intellectual Property Expertise. See id. at § C-4, C-5, C-6. The Contracting Officer designated NAICS code 541990 — All Other Professional, Scientific, and Technical Services, with a corresponding $19.5 million annual receipts size standard, as the appropriate code for the task order …

Discussion

OHA adjudicates appeals of NAICS code designations under the Small Business Act of 1958, 15 U.S.C. § 631 et seq., and 13 C.F.R. parts 121 and 134. Appellant filed the instant appeal within ten calendar days after issuance of the Solicitation, so the appeal is timely. FAR 19.303(c)(1); 13 C.F.R. §§ 121.1103(b)(1), 134.304(b). However, Appellant lacks standing to bring this appeal, and therefore I must dismiss it. Under SBA regulations, an appeal of a NAICS code or size standard designation may only be brought by an “interested party” that is “adversely affected” by the designation …

Decision

On December 23, 2024, The Red Gate Group, LTD (Appellant) filed the instant appeal challenging the NAICS code designation of DoD Washington Headquarters Services Acquisition Directorate (hereafter, WHS/AD or the Agency), task order Request for Proposals (RFP No. HQ003425R0051).

OHA decides appeals of NAICS code designations under the Small Business Act of 1958, 15 U.S.C. § 631 et seq., and 13 C.F.R. parts 121 and 134. Appellant filed the instant appeal within ten calendar days after issuance of the Solicitation, so the appeal is timely. Federal Acquisition Regulation (FAR) 19.303(c)(1); 13 C.F.R. §§ 121.1103(b)(1), 134.304(b). Accordingly, this matter is properly before OHA for decision. For the reasons discussed infra, I DISMISS this appeal.

Read the decision here.

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