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NAICS APPEAL OF: ERP INTERNATIONAL, LLC, APPELLANT

SBA No. NAICS-5652, 20152015 WL 2267495April 13, 2015

SBA No. NAICS-5652, 2015 (S.B.A.), 2015 WL 2267495
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: ERP INTERNATIONAL, LLC, APPELLANT
*1 SBA No. NAICS-5652
*1 Solicitation No. HT0014-15-R-0009

*1 Defense Health Agency

*1 Falls Church, Virginia

*1 April 13, 2015
 
ORDER DISMISSING APPEAL1
 
*1 On April 2, 2015, the U.S. Department of Defense, Defense Health Agency issued Solicitation No. HT0014-15-R-0009. The solicitation was for various categories of health care professionals and was issued through Federal Supply Schedule 621 I Professional and Allied Healthcare Staffing Services. The Contracting Officer (CO) set aside the procurement entirely for participants in the Small Business Administration (SBA) 8(a) Business Development program, and assigned North American Industry Classification System (NAICS) code 621512, Diagnostic Imaging Centers, which has a size standard of $15 million in annual receipts. Proposals are due April 17, 2015.
*1 On April 10, 2015, the SBA Office of Hearings and Appeals received a NAICS code appeal from ERP International, LLC (Appellant). In its appeal, Appellant maintained that NAICS code 621512 is erroneous and that NAICS code 561320 is the appropriate code. NAICS code 561320 has a $27.5 million size standard.
*1 On April 10, 2015, the CO notified OHA that he had amended the solicitation. Amendment 0001 states that “[t]he purpose of this amendment is to ... [c]hange the NAICS [code] from 621512 to 561320.” (Amendment 0001, at 1.)
*1 As a result of Amendment 0001, the instant appeal is moot and must be dismissed. Because the CO amended the solicitation to revise the disputed NAICS code, there is no longer a case or controversy for OHA to resolve. I therefore DISMISS this appeal as moot. 13 C.F.R. § 134.318(c); NAICS Appeal of J.M. Waller Assocs., Inc., SBA No. NAICS-5490 (2013); NAICS Appeal of Competitive Innovations LLC, SBA No. NAICS-5413 (2012).
*1 This is the final decision of the Small Business Administration. 13 C.F.R. § 134.316(d).
*1 Kenneth M. Hyde
*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-5652, 2015 (S.B.A.), 2015 WL 2267495
End of Document