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NAICS APPEAL OF: MARVIN TEST SOLUTIONS, INC., APPELLANT

SBA No. NAICS-5826, 20172017 WL 1538151April 24, 2017

SBA No. NAICS-5826, 2017 (S.B.A.), 2017 WL 1538151
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: MARVIN TEST SOLUTIONS, INC., APPELLANT
*1 SBA No. NAICS-5826
*1 Solicitation No. N68335-17-R-0085

*1 Department of the Navy

*1 Naval Air Systems Command

*1 Lakehurst, New Jersey

*1 April 24, 2017
 
ORDER DISMISSING APPEAL1
  
I. BACKGROUND
 
*1 On March 28, 2017, the Department of the Navy, Naval Air Systems Command, in Lakehurst, New Jersey, published on FedBizOpps a presolicitation notice for Solicitation No. N68335-17-R-0085. This procurement is for Common Aircraft Armament Test Set (CAATS) Systems and Pure Air Generator System (PAGS) Adapter Set (PAS) units. It is set aside for small business concerns. The presolicitation notice indicates the procurement will be classified under North American Industry Classification System (NAICS) code 334519, Other Measuring and Controlling Device Manufacturing.
*1 On April 13, 2017, Marvin Test Solutions, Inc. (Appellant), filed the instant NAICS code appeal with the Small Business Administration Office of Hearings and Appeals (OHA). Appellant asserts the NAICS code for this procurement should be 336413, Other Aircraft Parts and Auxiliary Equipment Manufacturing. Appellant attaches a list of procurements classified under NAICS code 336413 that are, in its view, for similar equipment.
 
II. DISCUSSION
 
*1 A NAICS code appeal must be filed within 10 calendar days after issuance of the initial solicitation. 13 C.F.R. §§ 121.1103(b)(1), 134.304(b); 48 C.F.R. § 19.303(c)(1). OHA will summarily dismiss an untimely NAICS code appeal. 13 C.F.R. §§ 121.1103(b)(1), 134.304(c).
*1 OHA has held that publication of a presolicitation notice does not constitute a NAICS code designation within the meaning of the jurisdictional provision of 13 C.F.R. § 134.102(k) or the timeliness requirement of 13 C.F.R. § 134.304(b) and, therefore, an appeal of a presolicitation notice must be dismissed as premature. NAICS Appeal of Ukpik, SBA No. NAICS-5006 (2008). Likewise, mere publication of a presolicitation notice does not guarantee that the procuring agency will issue a solicitation or that it will assign the NAICS code anticipated in the presolicitation notice. Id.
*1 OHA's NAICS code appeal jurisdiction extends only to the issuance of solicitations, which by its terms does not include presolicitation notices such as the one at issue here. 13 C.F.R. § 134.102(k); 48 C.F.R. § 19.303(c)(1). Absent a formally issued solicitation, this appeal is premature. OHA has no jurisdiction to consider it, and the case must be dismissed. NAICS Appeal of Ukpik, LLC, SBA No. NAICS-5006 (2008).
*2 Accordingly, because the appeal is premature, I must DISMISS the instant appeal.
 
III. CONCLUSION
 
*2 For the above reasons, Appellant's NAICS code appeal is DISMISSED.
*2 This is the final decision of the Small Business Administration. 13 C.F.R. § 134.316(d).
*2 Christopher Holleman
*2 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-5826, 2017 (S.B.A.), 2017 WL 1538151
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