United States Small Business Administration
Office of Hearings and Appeals

IN THE MATTER OF:

Hardie’s Fruit & Vegetable Co. South, LP
Appellant

Solicitation No. SPM300-11-R-0008

Defense Logistics Agency Troop Support
Philadelphia, PA

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).
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CHRISTOPHER HOLLEMAN
Administrative Judge