Venergy - NAICS - Notice Orderch1.pdf
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- Solicitation number
- 36C24526R0014
About this file
This document is a Notice and Order from the U.S. Small Business Administration's Office of Hearings and Appeals regarding a NAICS code appeal filed by Venergy Group, LLC for Solicitation No. 36C24526R0014 issued by the U.S. Department of Veterans Affairs. The solicitation was originally designated with NAICS Code 238220 for Plumbing, Heating, and Air-Conditioning Contractors, and Venergy Group filed a timely appeal on November 24, 2025 challenging this classification.
The document provides specific instructions to the Contracting Officer, including amending the solicitation within two business days to notify interested parties of the appeal, staying the closing date for offer receipts until the Office of Hearings and Appeals (OHA) issues a decision, and sending OHA a link to the solicitation. Responses to the appeal must be filed with OHA by December 18, 2025, and the record will close on that date unless good cause is shown. The appeal will be processed under 13 C.F.R. Parts 121 and 134, and Federal Acquisition Regulation 19.103.
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Text version
United States Small Business Administration
Office of Hearings and Appeals
NAICS APPEAL OF:
Venergy Group, LLC
Appellant
Solicitation No. 36C24526R0014
U.S. Department of Veterans Affairs
Issued: December 3, 2025
Docket No. NAICS-2025-11-24-014
NOTICE AND ORDER
The Office of Hearings and Appeals (OHA) hereby notifies all currently known parties, all prospective offerors, and other persons that an appeal of the North American Industry
Classification System (NAICS) code designated in the above-captioned solicitation was filed on
November 24, 2025. OHA conducts NAICS code appeals under the authority of 13 C.F.R. Parts
121 and 134, and Federal Acquisition Regulation (FAR) 19.103.
On November 13, 2025, the U.S. Department of Veterans Affairs (VA) issued
Solicitation No. 36C24526R0014, with the designated NAICS Code 238220, Plumbing, Heating, and Air-Conditioning Contractors. NAICS appeals must be filed with OHA within 10 calendar days of the issuance of the solicitation or within 10 calendar days of the issuance of the amendment if the appeal relates to an amendment affecting the NAICS code. 13 C.F.R.
§ 134.304(a)(3). If the last day is Saturday, Sunday, or a Federal holiday, the time period ends on the next business day. 13 C.F.R. § 134.202(d)(1)(ii). Here, the ten-day time period ended on
Sunday, November 23, 2025. Since this was a Sunday, the deadline for filing the appeal was thereby extended to Monday, November 24, 2025. Appellant filed its NAICS Appeal with OHA on Monday, November 24, 2025. Thus, the appeal is timely.
I. Instructions to the Contracting Officer
The Contracting Officer responsible for this solicitation MUST:
A. Amend the solicitation within two business days to notify potentially interested parties of the pendency of this appeal. Attach a copy of this Notice and Order to the amendment.
See Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (2006). Send a copy of the amendment to OHA with the “CO’s Memorandum.”
B. Stay the date for the closing of receipt of offers until OHA issues a decision, as required by 13 C.F.R. § 121.1103(c)(1)(i).
C. Send OHA a link to where the original solicitation and all amendments are posted on the Internet, as required by 13 C.F.R. § 134.306(b) and FAR 19.103(a)(6). If the solicitation is not posted online, send a paper copy to OHA.
Docket No. NAICS-2025-11-24-014
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D. Complete and return the “CO’s Memorandum” as soon as possible.
E. Notify OHA of any additional amendments to the solicitation, any contract award, or any other litigation affecting this procurement, while this appeal is pending.
The Contracting Officer may also file and serve a substantive response to the appeal by the close of record.
II. Responses to the Appeal and Close of Record
Any response to this appeal must be filed with OHA and served upon all parties or their attorneys (if represented) and be RECEIVED by OHA no later than December 18, 2025.
Except for good cause shown, the record will close on that date.
The rules of practice are at 13 C.F.R. §§ 134.101-318. OHA’s website has the rules, a sample certificate of service, caselaw, and other material: http://www.sba.gov/oha.
III. Filing and Service Instructions
A party filing any pleading or other submission must include a Certificate of Service stating how and when the party accomplished service. 13 C.F.R. §§ 134.305(c), 134.204(d).
The attached Certificate of Service lists all currently known parties (or their attorneys) and their email addresses.
Filing is the RECEIPT by OHA of the pleading or other submission. A filing received by OHA after 5 p.m. eastern time is considered filed on the next day. 13 C.F.R. § 134.204(b)(2).
Service means providing a copy of the submission to other parties (or their attorneys). 13 C.F.R.
§ 134.204(c). OHA recommends filing and service by email. File any submissions to:
Office of Hearings and Appeals
U.S. Small Business Administration
409 Third Street, S.W., 8th Floor
Washington, DC 20416
Attn: Bilikis Bioku, Esq.
Email: OHAFilings@sba.gov; bilikis.bioku@sba.gov
Parties should also check their record addresses on the attached Certificate of Service.
Unless otherwise instructed, that address is where all further papers (including the decision) in this appeal will be served.
OHA decisions are normally published without redactions on OHA’s website within a few days of issuance. A party may request the public decision be redacted by contacting OHA promptly once an appeal is filed. For information on protective orders and OHA’s treatment of confidential information, see 13 C.F.R. § 134.205.
CHRISTOPHER HOLLEMAN
Administrative Judge mailto:OHAFilings@sba.gov mailto:bilikis.bioku@sba.gov
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