Help

NAICS APPEAL OF: KALOTECH APPELLANT

SBA No. NAICS-5661, 20152015 WL 3548229May 21, 2015

SBA No. NAICS-5661, 2015 (S.B.A.), 2015 WL 3548229
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: KALOTECH APPELLANT
*1 SBA No. NAICS-5661
*1 Solicitation No. W91RUS-15-T-0190

*1 Department of the Army

*1 May 21, 2015
 
ORDER DISMISSING APPEAL1
  
I. Background
 
*1 On May 5, 2015, the Department of the Army issued Solicitation No. W91RUS-15-T-0190. The solicitation is unrestricted and assigned North American Industry Classification System (NAICS) code 334112, Computer Storage Device Manufacturing, which has a 1,000 employee size standard. Offers are due May 22, 2015.
*1 On May 21, 2015, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) received a NAICS code appeal from Kalotech (Appellant) submitted by email. In its appeal, Appellant requests “assistance to require the contracting officer for solicitation W91RUS-15-T-0190 to apply the correct NAICS code 541519 under the VAR exception clause of 150 employees or less.” Appeal at 1. Appellant also states the “contract is currently listed as a small business set-aside under NAICS 33412.” Id.
 
II. Analysis
 
*1 The instant appeal is untimely and must be dismissed. Under applicable regulations, a NAICS code appeal must be filed within 10 calendar days after issuance of the solicitation, or within 10 calendar days of a solicitation amendment affecting the NAICS code or size standard. 13 C.F.R. § 134.304(b); Federal Acquisition Regulation (FAR) 19.303(c)(1); NAICS Appeal of Trans Aero Ltd., SBA No. NAICS-5443 (2013). Here, Appellant filed its appeal with OHA on May 21, 2015, 16 days after the May 5, 2015, issuance of the solicitation. Thus, the appeal is untimely. OHA has no discretion to extend, or waive, the deadline for filing a NAICS code appeal. 13 C.F.R. §§ 134.304(c), 134.202(d)(2)(i)(A), and 121.1103(b)(1); FAR 19.303(c)(1).
 
III. Conclusion
 
*1 The instant appeal was filed more than 10 calendar days after issuance of the solicitation, and is therefore untimely. OHA cannot extend or waive the deadline for filing an appeal. Accordingly, the appeal is DISMISSED. 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-5661, 2015 (S.B.A.), 2015 WL 3548229
End of Document