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