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NAICS APPEAL OF: THE BIONETICS CORPORATION, APPELLANT

SBA No. NAICS-5829, 20172017 WL 2573185May 3, 2017

SBA No. NAICS-5829, 2017 (S.B.A.), 2017 WL 2573185
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: THE BIONETICS CORPORATION, APPELLANT
*1 SBA No. NAICS-5829
*1 Solicitation No. N68335-17-R-0066

*1 Department of the Navy

*1 Naval Air Systems Command

*1 Lakehurst, New Jersey

*1 May 3, 2017
 
ORDER DISMISSING APPEAL1
 
*1 On April 13, 2017, the Department of the Navy, Naval Air Systems Command, in Lakehurst, New Jersey (Navy), issued Solicitation No. N68335-17-R-0066 for maintenance, repair, and overhaul services for the Fleet Readiness Center Aviation Southeast (FRCSE). The Contracting Officer (CO) set the procurement entirely aside for small business and designated it under North American Industry Classification System (NAICS) code 488190, Other Support Activities for Air Transportation, with a corresponding $32.5 million annual receipts size standard. Offers were originally due on May 15, 2017, later extended to May 22, 2017 by Amendment 1.
*1 On April 21, 2017, Appellant filed the instant appeal. Appellant argues the appropriate NAICS code for this procurement is 336413, Other Aircraft Part and Auxiliary Equipment Manufacturing, with a corresponding size standard of 1250 employees.
*1 On April 28, 2017, the CO notified OHA that the solicitation was canceled and stated that notice of the cancellation was posted on Federal Business Opportunities (FBO). The FBO notice states, “Solicitation N68335-17-R-0066 is hereby canceled.”
*1 Cancellation of a solicitation eliminates the need for a review and decision on the selection of a NAICS code. E.g., NAICS Appeal of Computer Systems Center Inc., SBA No. NAICS-5541 (2014); NAICS Appeal of LVW Electronics, SBA No. NAICS-5339 (2012). Accordingly, the instant appeal is moot and must be dismissed.
*1 I DISMISS the instant appeal.
*1 If the Navy reissues the solicitation for the same procurement, Appellant may file a new NAICS code appeal, provided that any future NAICS code appeal is timely brought within ten days of the issuance of the solicitation. 48 C.F.R. § 19.303(c)(1); 13 C.F.R. §§ 121.1103(b)(1), 134.304(a)(3).
*1 This is the final decision of the Small Business Administration. 13 C.F.R. § 134.316(d).
*1 Christopher Holleman
*1 Administrative Judge

Footnotes

This appeal is decided under the Small Business Act of 1958, 15 U.S.C. § 631 et seq., and 13 C.F.R. Parts 121 and 134.
SBA No. NAICS-5829, 2017 (S.B.A.), 2017 WL 2573185
End of Document