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B-402387 1 (2010-03-29)

handle is hein.gao/gaobadbga0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Eagle Home Medical Corporation File: B-402387 Date: March 29, 2010 Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, for the protester. Stephen F. Butera, Esq., Department of Veterans Affairs, and Sam Q. Lee, Esq., Small Business Administration, for the agencies. Paula A. Williams, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency failed to comply with the final decision of the Small Business Administration's Office of Hearings and Appeals (OHA), in which the OHA reversed the North American Industry Classification System (NAICS) code assigned by the contracting officer and the contracting officer did not amend the solicitation to reflect the NAICS code that the OHA had determined was appropriate for this procurement, as required by applicable regulations. DECISION Eagle Home Medical Corporation (Eagle) of Roanoke Rapids, North Carolina, protests the Department of Veterans Affairs' (VA) decision not to comply with a ruling by the Small Business Administration's (SBA) Office of Hearings and Appeals (OHA) designating North American Industry Classification System (NAICS)' code 532291, Home Health Equipment Rental, for request for proposals (RFP) No. VA-244-09-RP-0252 issued by the VA for home oxygen equipment rental and services. We sustain the protest. 'The NAICS code scheme is used by the federal government to identify and classify specific categories of business activity that represents the lines of business a firm conducts. See Federal Acquisition Regulation (FAR) § 19.102; Rochester ODtical Mfg Co., B-292247; B-292247.2, Aug. 6, 2003, 2003 CPD ¶ 138 at 2 n.2

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