Aquasis Services, Inc., No. 4440 (June 19, 2001) Docket No. NAICS-2001-06-04-19 UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION OFFICE OF HEARINGS AND APPEALS WASHINGTON, D.C. ) NAICS Appeal of: ) ) Aquasis Services, Inc. ) Docket No. NAICS-2001-06-04-19 ) Appellant ) Decided: June 19, 2001 ) Solicitation No. F42650-01-R-A272 ) Department of the Air Force ) OO-ALC/PKO ) Hill Air Force Base, Utah ) ) ORDER DISMISSING APPEAL [1] Facts On May 10, 2001, the Contracting Officer (CO) for the Department of the Air Force, Hill Air Force Base, Utah, issued this negotiated small business set-aside procurement for base information transfer center, postal service center, base record staging, technical order distribution, and base to distribution office functions. In the original solicitation, the CO did not include a North American Industry Classification System (NAICS) code and size standard. On May 22, 2001, the CO issued Amendment 1, which classified the procurement under NAICS code 492210 (Local Messengers and Local Delivery), with a corresponding $18.5 million average annual receipts size standard. On May 30, 2001, the CO issued Amendment 2, which extended the deadline for proposals from June 18, 2001, to June 21, 2001. On June 4, 2001, Aquasis Services, Inc. (Appellant) filed this NAICS appeal. [2] Appellant asserts the CO issued Amendment 1 on May 31, 2001; however, a copy of that amendment attached to the appeal petition contains an effective date of May 22, 2001. Appellant asserts the correct NAICS code for this solicitation is NAICS code 561431 (Private Mail Centers), which has a $5 million size standard. Appellant also suggests several alternative NAICS codes. Discussion A NAICS appeal must be filed within ten days after issuance of the initial solicitation. 13 C.F.R. Section 134.304(a)(3). The Administrative Judge must dismiss an untimely appeal. 13 C.F.R. Section 134.304(b). Under this Office's precedent, the ten-day time period for filing a NAICS appeal begins again when the CO issues an amendment to a solicitation that changes the NAICS code designation. SIC Appeal of Madison Services, Inc., SBA No. SIC-4223 (1996). In calculating time periods, the day from which the time period is computed is excluded, but the last business day is counted, excluding Saturday, Sunday, or Federal holiday. 13 C.F.R. Section 134.103(a). A "day" is a calendar day. 13 C.F.R. Section 134.101. Here, the original solicitation contained no NAICS code designation. Amendment 1, issued on May 22, 2001, added a NAICS code designation. Therefore, the ten-day time period for filing this NAICS appeal began on May 22nd. Under the regulations for calculating time periods, the ten-day time period for filing this NAICS appeal ended on June 1, 2001. Appellant filed its NAICS appeal on June 4, 2001. Accordingly, this NAICS appeal is untimely, and the Administrative Judge must dismiss it. Conclusion For the above reasons, the Administrative Judge concludes the appeal is untimely and, therefore, DISMISSES it. This is the Small Business Administration's final decision. 13 C.F.R. Section 134.316(b). GLORIA E. BLAZSIK Administrative Judge _________________________ [1] This appeal is decided under the Small Business Act of 1958, 15 U.S.C. Section 631 et seq., and 13 C.F.R. Parts 121 and 134. [2] Appellant also filed a NAICS appeal on April 18, 2001, before the CO issued the solicitation. This Office dismissed that appeal as premature. NAICS Appeal of Aquasis Services, Inc., SBA No. NAICS-4431 (2001). Posted: October, 2001