United Telecontrol Electronics, Inc., No. 2890 (May 24, 1988)
Docket No.SIC-88-4-12-43


                    UNITED STATES OF AMERICA

                  SMALL BUSINESS ADMINISTRATION

                 OFFICE OF HEARINGS AND APPEALS

                     WASHINGTON, D. C. 20416

                                

SIC APPEAL OF:                     )
                                   )
United Telecontrol Electronics,    )
     Inc.                          )
                                   )
     Appellant                     )    Docket No.SIC-88-4-12-43
                                   )
Solicitation No.                   )
N00019-87-R-0111                   )
Department of the Navy             )
Washington, D.C.                   )


                             DIGEST

A classification appeal filed after the original deadline for
receipt of proposals set forth in the solicitation is untimely
and will be dismissed.

An extension of the deadline for receipt of proposals which does
not relate to the procurement's classification or size standard
does not extend the deadline for filing a classification appeal.

                            DECISION
                                
                          May 24, 1988
                                
RIOTTO, Administrative Judge, Presiding:

Jurisdiction

This appeal is cognizable under 15 U.S.C. 632 and 13 CFR Part
121.

Issue

Is the instant appeal timely?

Facts

On March 4, 1988, the Department of the Navy issued the
above-captioned request for proposals for "Telemetry Data,
Transmitting Sets" for the Sparrow Missile. The procurement was
set aside for small business and was classified within Standard
Industrial Classification ("SIC") code 3663 - "Radio and
Television Broadcasting and Communications Equipment." The
solicitation originally designated April 4, 1988 as the deadline
for receipt of proposals. Subsequently, the solicitation was
amended to clarify several ambiguities. The amendment, which did
not affect the procurement's classification or size standard,
extended the deadline for receipt of proposals to April 29, 1988.

By letter dated April 11, 1988, counsel for United Telecontrol
Electronics, Inc. ("United") appealed the classification of the
procurement which had been designated by the procuring agency.
United alleged that SIC code 3769 - "Guided Missile and Space
Vehicle Parts and Auxiliary Equipment" - was a more appropriate
classification for the products to be purchased.

Discussion

SBA's timeliness regulation for size appeals and classification
appeals provides, inter alia, that an appeal from a product or
service classification must be filed before the procurement's
bid-opening day or deadline for submitting proposals or
quotations. 13 CFR 121.11(e)(3).

The Office of Hearings and Appeals has issued numerous decisions
construing this regulation. In particular, it has been held that
extension of a bid-opening date does not alter the deadline for
filing classification appeals with SBA where such extension is
not accompanied by any change in the contract's classification or
size standard. See, e.g., SIC Appeal of Williams Mobile Offices,
No. 2515 (1986); SIC Appeal of Resource Consultants, Inc., No.
2544 (1986).

In the case at hand, United's classification appeal was not filed
until after the original (unamended) deadline for receipt of
proposals. Consequently, it is clearly untimely and may not be
considered.

Conclusion

The appeal is DISMISSED.

This is the final decision of the Small Business Administration.
See 13 CFR 121.11(t) - (v).

                         Joseph K. Riotto (Presiding)
                         Administrative Judge

                         Gloria E. Blazsik (Concurring)
                         Administrative Judge

                         Jane E. Phillips (Concurring)
                         Administrative Judge