Sci-Tek Laboratories, Inc., No. 3966 (November 28, 1994)
Docket No. SIC-94-8-5-101


                    UNITED STATES OF AMERICA

                  SMALL BUSINESS ADMINISTRATION

                 OFFICE OF HEARINGS AND APPEALS

                        WASHINGTON, D.C.


SIC APPEAL OF:                     )
                                   )
Sci-Tek Laboratories, Inc.         )
                                   )
     Appellant                     )
                                   )    Docket No. SIC-94-8-5-101
Solicitation No.                   )
DAAK60-94-R-2017                   )
Department of the Army             )
Natick Acquisition Center          )
Natick, Maine                      )

                             DIGEST

A Standard Industrial Classification appeal filed numerous weeks
after contract award is untimely and will be dismissed.

                            DECISION
                                
                        November 28, 1994

BLAZSIK, Administrative Judge:

Jurisdiction

This appeal is decided under the Small Business Act of 1958, 15
U.S.C. 632 et seq., and the regulations codified at 13 CFR Part
121.

Issue

Whether the Standard Industrial Classification appeal was timely
filed.

Facts

On February 19, 1994, the Department of the Army, Natick
Acquisition Center, Natick, Maine, issued this solicitation for
"Nutrient Analysis of Military Foods" and classified it under
Standard Industrial Classification (SIC) code 3821 (Laboratory
Apparatus and Furniture), having a 500-employees size standard.
Bid opening was on March 10, 1994, and the contract was awarded
on July 14, 1994, to Woodeson Tenet Laboratories.

By letter postmarked August 5, 1994, Sci-Tek Laboratories
(Appellant) filed an appeal from the Contracting Officer's SIC
code designation, arguing that SIC code 8734 (Testing Labora
tories), with a $3.5 million average annual receipts size
standard, is the appropriate classification.

Discussion

The time limits for filing SIC code appeals are set forth in 13
CFR 121.1705 as follows:

     (b)(1) Except as provided in paragraph (b)(2) of this
     section, an appeal from a SIC code designation must be filed
     with the Office of Hearings and Appeals no later than 10
     days (exclusive of Saturdays, Sundays, and legal holidays)
     before the bid opening day or deadline for submitting
     proposals or quotations as specified in the solicitation. If
     a solicitation is modified to extend the bid opening day or
     deadline for submitting proposals or quotations, the 10-day
     period for filing shall be from the date designated in the
     modification.

     (2)  Where the bid opening day or deadline for submitting
     proposals or quotations is less than 30 days after the issuance
     of the invitation for bids or request for proposals or
     quotations, the appeal must be filed with the Office of Hearings
     and Appeals no later than 5 days (exclusive of Saturdays,
     Sundays, and legal holidays) before the bid opening day or
     deadline for submitting proposals or quotations. If a
     solicitation is modified to extend the bid opening day or
     deadline for submitting proposals or quotations, the 5-day period
     for filing shall be from the date designated in the modification.

     (b)(3) An untimely appeal of a SIC code designation will be
     dismissed.

Because the intervening period was 30 days, the 10-day rule in 13
CFR 121.1705(b)(1) applies and the Appellant was required to file
its appeal no later than February 24, 1994. Under 13 CFR
121.1702(c), the filing date is determined by reference to the
postmark date, which here, as shown, was on August 5, 1994, well
after bid opening and after the contract was awarded.
Consequently, Appellant's SIC appeal was untimely and will be
dismissed. SIC Appeal of National Fire and Medical Services.
Inc., No. 3347 (1990).

Conclusion

The SIC appeal of Sci-Tek Laboratories, Inc. is DISMISSED.

This constitutes the final decision of the Small Business
Administration. See 13 CFR 121.1720(a), (b), and (c).



                                   ___________________________
                                   Gloria E. Blazsik
                                   Administrative Judge