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NAICS APPEAL OF: NOBLE SUPPLY & LOGISTICS, APPELLANT

SBA No. NAICS-5784, 20162016 WL 6301698October 7, 2016

SBA No. NAICS-5784, 2016 (S.B.A.), 2016 WL 6301698
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: NOBLE SUPPLY & LOGISTICS, APPELLANT
*1 SBA No. NAICS-5784
*1 Solicitation No. N00189-16-R-0047

*1 U.S. Department of the Navy

*1 NAVSUP Fleet Logistics Center Norfolk Norfolk, Virginia

*1 October 7, 2016
 
ORDER DISMISSING APPEAL1
 
*1 On September 22, 2016, the U.S. Department of the Navy, NAVSUP Fleet Logistics Center Norfolk, in Norfolk, Virginia (Navy), posted on Federal Business Opportunities (FBO) Solicitation No. N00189-16-R-0047 (RFP) for third party logistics (3PL) support services. The Contracting Officer (CO) set the procurement entirely aside for small business and designated North American Industry Classification System (NAICS) code 561210, Facilities Support Services, with a corresponding $38.5 million annual receipts size standard, for the RFP.
*1 On September 27, 2016, Noble Supply & Logistics (Appellant) filed the instant appeal. Appellant argues the CO clearly erred in selecting NAICS code 561210. Instead, Appellant asserts, the CO should have assigned to this RFP NAICS code 332510, Hardware Manufacturing, with a corresponding 750 employee size standard.
*1 On October 4, 2016, counsel for Automation Precision Technology, LLC, the incumbent contractor, moved to intervene in this appeal, and on October 4, 2016, intervention was granted.
*1 On October 5, 2016, the CO notified OHA that the solicitation was canceled. Amendment 002 to the solicitation, issued on October 5, 2016, states, “This solicitation is cancelled in its entirety due to a change in the requirements.”
*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-5784, 2016 (S.B.A.), 2016 WL 6301698
End of Document