Nomura Enterprise, Inc., No. 3766 (April 15, 1993). Docket No. SIC-93-3-30-36 UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION OFFICE OF HEARINGS AND APPEALS WASHINGTON, D.C. SIC APPEAL OF: ) ) Nomura Enterprise, Inc. ) ) Appellant ) ) Docket No. SIC-93-3-30-36 Solicitation No. ) DAAD05-93-R-0059 ) Department of the Army ) Aberdeen Proving Ground, ) Maryland ) DIGEST Where a Standard Industrial Classification (SIC) code appeal is filed prior to the issuance of the solicitation, the appeal will be dismissed as untimely unless the actual solicitation is issued and is available to the Office of Hearings and Appeals prior to the expiration of the 15-day notice period, in which case the appeal will be considered on its merits. A solicitation calling for the conversion of manually prepared or electronic information into typewritten documents, using both conventional typewriters and word processing/computer systems, is properly classified under Standard Industrial Classification (SIC) code 7338 (Secretarial and Court Reporting Service) and not SIC code 2741 (Miscellaneous Publishing). DECISION April 15, 1993 BLAZSIK, Administrative Judge, Presiding: 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. Issues Whether a Standard Industrial Classification code appeal is filed prior to the issuance of the solicitation, but the solicitation is issued and is available to the Office of Hearings and Appeals prior to the expiration of the 15-day notice period, should be heard on the merits or dismissed as untimely. Whether the solicitation should be classified under Standard Industrial Classification code 7338 or 2741. Facts On April 6, 1993, the Department of the Army, Aberdeen Proving Ground, Maryland, issued this solicitation for "Clerical and Editorial Mission Support Services" and classified it under Standard Industrial Classification (SIC) code 7338 (Secretarial and Court Reporting Services), with a $3.5 million average annual receipts size standard. The solicitation was totally set aside for small disadvantaged businesses, and the offers are due on May 6, 1993. The solicitation's Statement of Work describes the scope of the services sought as follows: The contractor...shall provide personnel and services to perform the following in support of the U.S. Army Research Laboratory (ARL): editorial and clerical duties connected with the publishing and distribution of classified and unclassified technical documents; general clerical support; mail and distribution services; and, graphic arts services. More specific functions to be performed by the contractor include providing personnel who will convert manually prepared or electronic information into typewritten documents, using both conventional typewriters and word processing/computer systems. These persons must have the ability to comprehend and to apply editorial markings in typing the work assigned and to lay out photos, figures, and other graphical materials to complete assembly of the documents for printing. Specifically, the typing to be done will include typing newsletters, manuals, letters of commendation, correspondence, and other typing assignments as they are necessary. The personnel shall review and edit proposed technical documents, rewrite portions to improve clarity, subject to the prior approval of the author of the text. Personnel working on graphic aids shall utilize state-of-the art graphics equipment and perform general layouts of graphic designs. The mail clerks shall transport and distribute the mail. According to the solicitation, the following personnel will be provided: A site manager, who shall supervise and manage the daily operations; an editor, who will be responsible for editing and proofreading technical documents; an editorial assistant, who will log in on receipt and log out documents upon completion; , several word processors, who will type various technical and nontechnical materials in draft and final form in the appropriate layout, including typing tables and equations; file clerks, who will be responsible for forwarding the completed documents for distribution; and a mail clerk, who will do the actually transportation and distribution of the completed documents. By letter postmarked March 30, 1993, seven calendar days prior to the issuance of the solicitation, Nomura Enterprise, Inc. (Appellant) filed an appeal from the Contracting Officer's SIC code designation, arguing that the more appropriate classifica- tion for this solicitation is SIC code 2741 (Miscellaneous Publishing), having a 500-employee size standard. Appellant argues that the solicitation contemplates more than clerical and editorial services, noting that the solicitation's Statement of Work sets forth the requirement that the "contractor personnel shall have the ability to comprehend, interpret, and apply guidance materials, operating manuals, regulations, and editorial markings...." In Appellant's view, such a requirement exceeds what is expected in the performance of mere "secretarial and court reporting" services. Appellant also notes that the Statement of Work further prescribes that the contractor personnel must be able to perform "layout, photos, drafts, graphs, covers...and assemble [these] for publication" as part of their duties. It is Appellant's position that these duties encompass more than "secretarial" services and are more in the nature of miscellaneous publishing services as defined in SIC code 2741. Finally, Appellant argues that the ultimate objective of the services being contracted for in the solicitation is the publication of technical reports, and is thus distinguishable from the type of secretarial, typing, and word processing work described in SIC code 7338. On April 12, 1993, the Contractor Officer filed a reply generally arguing that the services to be performed under this solicitation are of general clerical nature and, thus, that SIC code 7338 is the appropriate designation. Discussion This Office has historically dismissed SIC code appeals for lack of jurisdiction when they were filed, as here, prior to the issuance of the solicitation. Nonetheless, in situations where the solicitation is issued and available to the Office of Hearings and Appeals prior to the expiration of the 15-day notice period, we have made an exception to the general rule and proceeded with the case on its merits. SIC Appeals of Earth Property Services, Inc., et al., No. 3277 (1990), at 4. This is the situation here. Accordingly, we will consider Appellant's substantive arguments. SIC code 7338, "Secretarial and Court Reporting Services" selected by the Contracting Officer, is described in the SIC Manual */ as follows: Establishments primarily engaged in furnishing secretarial, typing, wordprocessing, resume writing, and court reporting services. Examples shown under this description include court reporting service, editing service, proofreading service, typing service, and word processing service. SIC code 2741, "Miscellaneous Publishing" advocated by the Appellant, is described in the SIC Manual as: Establishments primarily engaged in miscellaneous publishing activities, not elsewhere classified, whether or not engaged in printing. Establishments primarily engaged in offering financial, credit, or other business services, and which may publish directories as part of this service, are classified in Division I, Services. The SIC Manual lists many examples under this classification, including the "publishing and printing, or publishing only," of atlases, calendars, newsletters, catalogues, sheet music, race track programs, shopping news, and similar documents. We agree with the Contracting Officer's designation that the proper classification for this solicitation is SIC code 7338. The Statement of Work demonstrates that the primary thrust of the services being procured is word processing of technical data supplied by the ARL and placing these in a proper format for publication in a manual and for their distribution. Thus, the primary service being provided is not the publishing and printing of these materials, but solely their word processing, specifi- cally, "converting manually prepared information" into a type written document, supra. The principal tasks of the solicitation are related to word processing efforts, with some editing , functions being secondary to the transformation of the informa- tion into a final, publishable format. We have previously classified such services under SIC code 7338, and have approved SIC code 2741 for solicitations where the primary tasks require publishing, academic research, organization of conferences, and publishing and publishing-related tasks. See SIC Appeal of Cygnus Corporation, No. 3575 (1992). Here, the primary tasks are word processing and clerical duties and thus properly classified under SIC code 7338. Conclusion The Contracting Officer's designation of this solicitation under SIC code 7338, with a $3.5 million average annual receipts size standard is AFFIRMED, and the appeal is DENIED. This constitutes the final decision of the Small Business Administration. See 13 CFR 121.1720(a), (b), and (c). __________________________________ Gloria E. Blazsik (Presiding) Administrative Judge __________________________________ Michael S. Cole (Concurring) Administrative Judge _________________________________ Elwin H. White (Concurring) Administrative Judge _______________ */ Standard Industrial Classification Manual, Office of Management and Budget, 1987 edition.