United States Small Business Administration
Office of Hearings and Appeals
IN THE MATTER OF:
Hardie’s Fruit & Vegetable Co. South, LP
Solicitation No. SPM300-11-R-0008
Defense Logistics Agency Troop Support
SBA No. NAICS-5174
Decided: December 13, 2010
ORDER DISMISSING APPEAL
On November 22, 2010, Defense Logistics Agency Troop Support issued Solicitation No. SPM300-11-R-0008.
On December 3, 2010, Hardie’s Fruit & Vegetable Co. South, LP (Appellant) filed a North American Industry Classification System (NAICS) code designation appeal with the Small Business Administration Office of Hearings and Appeals (OHA).
On December 3, 2010, OHA issued an order for Appellant to show cause, no later than December 9, 2010, why its appeal should not be dismissed as untimely. Appellant did not respond.
In accordance with 13 C.F.R. § 134.304(a)(3), an appeal from a NAICS code designation must be filed and served within 10 days after the issuance of the initial solicitation. Thus, any appeal of this solicitation’s NAICS code designation must have been filed no later than December 2, 2010. Appellant filed its appeal on December 3, 2010. Thus, Appellant’s appeal is untimely and I must dismiss it. 13 C.F.R. § 134.304(b).
Accordingly, Appellant’s NAICS code appeal is DISMISSED as UNTIMELY.
This is the final decision of the Small Business Administration. See 13 C.F.R. § 134.316(b).