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NAICS APPEAL OF: LVW ELECTRONICS, APPELLANT

SBA No. NAICS-53392012 WL 1059592March 27, 2012

SBA No. NAICS-5339 (S.B.A.), 2012 WL 1059592
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[North American Industry Classification System]
*1 NAICS APPEAL OF: LVW ELECTRONICS, APPELLANT
*1 SBA No. NAICS-5339
*1 Solicitation No. FA2550-12-R-2000

*1 U.S. Air Force, 50th Space Wing

*1 Schriever Air Force Base, CO

*1 March 27, 2012
 
ORDER DISMISSING APPEAL
 
*1 On February 27, 2012, the Contracting Officer (CO) for the U.S. Department of the Air Force issued Solicitation No. FA2550-12-R-2000 seeking a contractor to provide a full complement of maintenance services to support security systems managed by the 50th Space Wing. The procurement was set aside exclusively for small businesses, and was assigned North American Industry Classification System (NAICS) code 561621, Security Systems Services (Except Locksmiths).
*1 On March 5, 2012, LVW Electronics (Appellant) filed the instant appeal with the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). Appellant argued that the NAICS code for the acquisition should be changed from 561621 to 811219, Other Electronic and Precision Equipment Repair and Maintenance.
*1 On March 26, 2012, the CO notified OHA that the solicitation was canceled. Amendment 0003 to the solicitation states that “The Solicitation is being cancelled at this time due to a Change in the Government Requirement.”
*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 Information Ventures, Inc., SBA No. NAICS-4871 (2007). Accordingly, the instant appeal is moot and must be dismissed.
*1 This appeal is dismissed without prejudice. If the Air Force reissues the solicitation for the same procurement, Appellant may file a 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(b) 13 C.F.R. § 134.304(a)(3).
*1 For the above reasons, I DISMISS the instant appeal. This is the final decision of the Small Business Administration. See 13 C.F.R. § 134.316(b).
*1 Kenneth M. Hyde
*1 Administrative Judge
SBA No. NAICS-5339 (S.B.A.), 2012 WL 1059592
End of Document