NAICS APPEAL OF: PACIFIC PROPELLER INTERNATIONAL LLC, APPELLANT

*1 On January 27, 2016, the Department of Homeland Security, United States Coast Guard, Aviation Logistics Center (Coast Guard) issued Request for Quotations No. HSCG38-16-Q-010018 (RFQ) for repair and overhaul services for USCG HC-144 Maritime Patrol Aircraft propeller components. The Contracting Officer (CO) set the procurement 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. On May 19, 2016, the Coast Guard awarded Contract No. HSCG38-16-D-L00007 to Piedmont Propulsion Systems, LLC.

*1 On June 20, 2016, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) received an email from a Procurement Center Representative (PCR). The email contained a copy of a size protest filed with the CO on June 3, 2016. The protester is Pacific Propeller International LLC (Appellant). The PCR forwarded the size protest to OHA because it contains a NAICS code appeal. Appellant asserts the applicable NAICS code for this procurement is “33641, Aerospace Product and Parts Manufacturing”.² Size Protest at 2.

*1 The instant appeal is both untimely and moot, and therefore must be dismissed.

*1 The regulations governing NAICS code appeals require that an appeal must be filed within 10 calendar days after issuance of the solicitation. 13 C.F.R. § 134.304(b); 48 C.F.R. § 19.303(c)(1). The instant NAICS appeal was received at OHA on June 20, 2016, nearly five months after the issuance of the solicitation, and is therefore untimely. OHA has no discretion to accept an untimely appeal. 13 C.F.R. §§ 134.202(d)(2)(i)(A) and 134.304(c). Accordingly, Appellant's NAICS code appeal must be dismissed. NAICS Appeal of Aerosage, LLC, SBA No. NAICS-5557 (2014).

*1 The instant appeal is also moot. Under OHA precedent, once a procurement has been awarded, any further dispute over the NAICS code is moot. E.g., NAICS Appeal of AeroSage, LLC, SBA No. NAICS-5554, at 2 (2014) (“[B]ecause the contract has been awarded, OHA will not entertain arguments as to which NAICS code should have been assigned to the procurement.”); NAICS Appeal JRS Staffing Services, SBA No. NAICS-5485, at 2 (2013) (“It is settled law that once the contracting agency awards the contract at issue in a NAICS code appeal, the appeal becomes moot, and OHA must dismiss the case.”). The regulation permits OHA to summarily dismiss a NAICS code appeal once the procuring agency awards the subject contract. 13 C.F.R. § 134.318(c). Here, even if OHA were to agree with Appellant that the CO selected an erroneous NAICS code, the issue is immaterial at this stage of the acquisition. The contract has already been awarded, and OHA lacks authority to compel the CO to rescind the award. Accordingly, Appellant's NAICS code appeal must be dismissed as moot. NAICS Appeal of Kaes Enterprises, LLC, SBA No. NAICS-5731, at 2 (2016).

*2 The instant appeal is untimely and moot. For these reasons, the appeal is DISMISSED.

*2 This is the final decision of the U.S. Small Business Administration. 13 C.F.R. § 134.316(d).