NOVA Research Company, No. 4290 (February 11, 1998).
Docket No. SIC-97-12-29-53




                    UNITED STATES OF AMERICA
                  SMALL BUSINESS ADMINISTRATION
                 OFFICE OF HEARINGS AND APPEALS
                        WASHINGTON, D.C.


______________________________
                              )
SIC APPEALS OF:               )
                              )
NOVA Research Company         )  Docket Nos.  SIC-97-12-29-53
Palladian Partners, Inc.      )               SIC-97-12-29-54
Information Ventures, Inc.    )               SIC-97-12-29-55
Matthews Media Group          )               SIC-98-1-2-1
                              )
     Appellants               )  Decided:  February 11, 1998
                              )
Solicitation No.              )
98-A-013(N)                   )
Centers for Disease Control   )
  and Prevention              )
Atlanta, Georgia              )
______________________________)


                           APPEARANCES

            Peggy L. Young for NOVA Research Company
           Cate Timmerman for Palladian Partners, Inc.
       Bruce H. Kleinstein for Information Ventures, Inc.
            Beatrice Woolman for Matthews Media Group
                       all for Appellants
                                

                             DIGEST

A  procurement  to publish pamphlets and provide general  support
for  the procuring agency in communicating information on  health
problems  to  the  public,  other Federal  agencies,  and  health
providers,   which   requires  editing,   publishing,   research,
translating,  and  inputting  the  finished  pamphlets  onto  the
Internet,   is  properly  classified  under  Standard  Industrial
Classification (SIC) code 2741 (Miscellaneous Publishing), with a
500-employee size standard, rather than SIC code 8741 (Management
Services),  or  SIC  code 9999 (Nonclassifiable  Establishments),
both with a $5 million average annual receipts size standard.


                            DECISION

BLAZSIK, Administrative Judge:

                          Jurisdiction

      These  appeals are decided under the Small Business Act  of
1958, 15 U.S.C. Sections 631 et seq., and 13 C.F.R. Parts 121 and
134 (1997).

                              Issue

      Whether  a  procurement to publish  pamphlets  and  provide
general   support  for  the  procuring  agency  in  communicating
information  on health problems to the public, Federal  agencies,
and   health   providers,  which  requires  editing,  publishing,
research, translating, and inputting the finished pamphlets  onto
the  Internet, is properly classified under SIC code 2741,  8741,
or 9999.

                         Background [1]
     
     On December 17, 1997, the Contracting Officer for the Center
for  Disease Control and Prevention (CDC), Department of   Health
and  Human Services, Atlanta, Georgia, issued this small business
set-aside procurement to develop, write, and edit publications on
chronic  disease prevention.  Originally, the Contracting Officer
classified it under Standard Industrial Classification (SIC) code
8741  (Management  Services), with a $5  million  average  annual
receipts  size  standard.   On  December  17,  1997,  she  issued
amendment  No.  1,  changing the SIC code to 2741  (Miscellaneous
Publishing), with a 500-employee size standard. Opening bids  are
due on February 17, 1998.
     
     NOVA  Research Company (NOVA) filed an appeal in Docket  No.
SIC-97-12-19-53,  by facsimile transmission, dated  December  24,
1997.    NOVA   asserts   the  Contracting  Officer   incorrectly
classified the procurement, and the appropriate SIC code is   SIC
code 8741 (Management Services), with a $5 million average annual
receipts size standard.
     
     Palladian  Partners,  Inc (Palladian) filled  an  appeal  in
Docket  No.  SIC-97-12-29-54  by  facsimile  transmission,  dated
December   26,   1997.  It  also  asserts  the  appropriate   SIC
classification is SIC code 8741.
     
     Information Ventures, Inc. (Information Ventures)  filed  an
appeal   in   Docket  No.  SIC-97-12-29-55,  also  by   facsimile
transmission dated December 26, 1997. It asserts the  appropriate
SIC    classification   is   SIC   code   9999   (Nonclassifiable
Establishments), with a $5 million average annual  receipts  size
standard.
     
     Finally, Matthews Media Group (Matthews) filed an appeal  in
Docket No. SIC-98-1-2-1, by letter postmarked December 31,  1997.
It  also  asserts the appropriate SIC classification is SIC  code
8741.
     
     On  January  15,  1998,  the  Contracting  Officer  filed  a
response to the appeal.
     
                        Statement of Work
                                
     The procuring agency seeks a contractor to publish pamphlets
and   provide  general  support  for  the  procuring  agency   in
communicating information on health problems to the public, other
Federal   agencies,   and  health  providers.    The   successful
contractor  will  perform  the  following  specific  tasks:   (1)
technical  editing, co-editing, and proofreading  scientific  and
technical   manuscripts  and  publications;   (2)   writing   and
developing   professional,  consumer,  and   special   population
publications,    including   newsletters,   consumer    materials
(brochures), conference proceedings, speeches, and scientific and
technical publications; (3) indexing for special monographs;  (4)
locating, acquiring, and verifying references; (5) developing and
preparing  graphics, art work, and visual aids  for  publications
and   presentations;   (6)  developing  and  preparing   nonprint
materials (videos, scripts); (7) translating materials into other
languages;  (8)  coordinating and writing publication  clearances
requests;  (9)  transcribing meetings; and  (10)  developing  and
preparing materials for the Internet.

     More specifically, this contract provides for the continuous
production of publications and other communication materials  for
scientific,  medical,  educational,  technical,  and   behavioral
science uses.

                       Arguments on Appeal

     Appellant  NOVA  asserts  the  Contracting  Officer   should
reclassify  the  procurement  under  SIC  code  8741.  NOVA   has
performed  similar scientific and medical writing,  editing,  and
communications services in the past 10 years for CDC,  which  CDC
traditionally has classified under SIC code 8741.
     
     Appellant  Palladian  asserts SIC code  8741  is  applicable
because the instant procurement seeks a wide range of general and
specialized  managerial services, such as  technical  editing  of
manuscripts,   copy-editing,   proofreading,   translation,   and
transcription of meetings.  In contrast, SIC code 2741  does  not
do  so,  because  it  is  under  the  manufacturing  division  of
services,   and  refers  to  printing,  publishing,  and   allied
components of manufacturing services.
     
     Appellant  Information Ventures asserts the appropriate  SIC
code  is  SIC code 9999 (Nonclassifiable Establishment),  because
the  work  required is not encompassed by any other  identifiable
SIC   code.   In  addition,  Information  Ventures  asserts   the
designated SIC code, 2741, is under Division D-Manufacturing, and
the Statement of Work does not require services required by 2741,
specifically  publishing or printing.   Rather,  the  procurement
requires  a broad range of support services for "publication  and
other communication activities...."
     
     Appellant  Matthews asserts the Statement of Work shows  SIC
code 8741 is appropriate because the procurement does not require
publishing   or  printing  services.   Matthews  emphasizes   the
procurement   is  a  professional  services  contract   requiring
writers,  editors,  proofreaders, and graphic artists,  who  will
provide  general and specialized services in preparing  materials
for publishing.

       The  Contracting  Officer's  response  states  she  issued
Amendment  No.  1,  changing the original 8741 classification  to
2741, only because of the SBA's recommendation.  She asserts  the
appropriate  classification is 8741 because the procuring  agency
designated  this  SIC  code for previous procurements  for  these
services, and it seeks a wide range of professional services that
"may  lead to publishing and printing, but are not specific tasks
cited in the [procurement]." [2]

                           Discussion

      The  applicable regulation requires that a  SIC  appeal  be
filed within 10 days after the issuance of the initial proposals.
13  C.F.R. Section 134.304(a)(3). A day is defined as a  calendar
day.   13  C.F.R. Section 134.101.  The day from which  the  time
period  is  computed is excluded, but the last  business  day  is
counted,  excluding Saturday, Sunday, or a Federal  holiday.   13
C.F.R.  Section  134.103(a).  Here,  because  December  25th  and
December  26th  were  Federal holidays,  and  December  27th  and
December  28th  were a Saturday and Sunday,  the  last   day  for
timely  service  was  December 31,  1997.  NOVA,  Palladian,  and
Information Ventures sent their appeals by facsimile transmission
on  December 24th and 26th; and Matthews mailed its appeal, which
was  postmarked  December 31, 1997  [3]   Accordingly,  all  four
Appellants timely filed their appeals.

      In a SIC appeal, an appellant has the burden of proving, by
a  preponderance  of  the  evidence,  error  in  the  Contracting
Officer's  SIC  code designation.  SIC Appeal of  the  Scientific
Consulting Group, Inc.,  No. 4186 (1996).  The correct  SIC  code
for  a  procurement  is that which best describes  the  principal
purpose  of the services being procured, in light of the industry
description  in  the  SIC  Manual, [4]  the  description  in  the
solicitation,  and  the relative weight of each  element  of  the
solicitation. SIC Appeal of Mobile Steam Boiler Rental Corp., No.
4208  (1996);   13  C.F.R. Section 121.402(b).  The  standard  of
review  is whether the SIC code designation is based on  a  clear
error  of fact or law.  13 C.F.R. Section 134.314; SIC Appeal  of
Information Ventures, Inc., No. 4266 (1997).

      SIC  code 8741, urged by NOVA, Palladian, and Matthews,  is
described in the SIC Manual as follows:

     Establishments primarily engaged in furnishing general
     or specialized management services on a day to day
     basis....
     
Examples  listed  under  this description include  administrative
management  services,  business management service,  construction
management,  motel  management services,  and  office  management
services.

     SIC code 9999, urged by Information Ventures, is a catch-all
SIC  code for nonclassifiable establishments.  13 C.F.R.  Section
121.201.

      SIC  code  2741,  selected by the Contracting  Officer,  is
described in the SIC Manual as-
     
     Establishments primarily engaged in miscellaneous
     publishing activities, not elsewhere classified,
     whether or not engaged in printing.

The  activities  listed under this description  include  business
service  newsletters;  catalogs:  publishing  and  printing,   or
publishing   only;  directories:  publishing  and  printing,   or
publishing  only;  multimedia educational  kits:  publishing  and
printing,  or  publishing  only; technical  manuals  and  papers:
publishing and printing, or publishing only.

     The  Administrative Judge finds that OHA's case law does not
support  the  designation  of  SIC  code  8741,  urged  by  NOVA,
Palladian,  and  Matthews.   OHA has  designated  that  SIC  code
classification only where the predominant nature of the  services
sought  is  for management support and assistance,  for  example,
property  management services.  SIC Appeal of I.T.S. Corporation,
No. 3521 (1991).  Here, the procurement does not seek any type of
management  services  but, rather, a wide range  of  professional
services involving the preparation of documents on health  issues
for dissemination to numerous groups.
     
      The  Administrative Judge also finds OHA case law does  not
support  the  designation of SIC code 9999, urged by  Information
Ventures.    This   Office   has   designated   that   SIC   code
classification  only when no other classification precisely  fits
the  services sought.  For example, OHA has found SIC  code  9999
appropriate   where   a  procurement  required   the   successful
contractor to provide a broad range of support services, in human
reproductive health risks, but no research, to a research center.
SIC  Appeal of Information Ventures, Inc., No. 4259 (1997).  This
is not the situation here.

      Furthermore, the Contracting Officer's assertion  that  the
procuring  agency applied SIC code 8741 in the past for identical
services,  has  no  merit.  SIC code  8741  is  not  the  correct
classification and, its erroneous or inappropriate use should not
be perpetuated.

      Upon a careful review of the Statement of Work and the case
precedent, the Administrative Judge concludes SIC code 2741, most
recently   designated  by  the  Contracting   Officer,   is   the
appropriate classification.  The procurement requires a series of
professional  services, in addition to editing and  proofreading.
These  include  knowledge of -- the scientific research  process;
foreign  languages  for translation of the pamphlets  into  other
languages;  graphic arts; and computer technology  to  input  the
pamphlets on the Internet.  Thus, the successful contractor  must
have a wide range of specialized skills.

     SIC  code 2741 is the most appropriate here also because  it
best  comports with the SIC Manual descriptions.  Among  the  SIC
Manual examples are "technical manuals and papers: publishing and
printing,   or  publishing  only."   In  SIC  Appeal  of   Cygnus
Corporation,  No. 3575 (1991), OHA concluded SIC  code  2741  was
appropriate for a procurement seeking "publishing support" for  a
government  research  effort, which  included  editing,  academic
research, organizing conferences, and publishing.
     
     Similarly, OHA concluded SIC code 2741 was appropriate for a
procurement  for technical manuals and supporting materials,  for
use in teaching personnel about military weapons.  SIC Appeal  of
Advanced  Systems International, Inc., No 3448 (1991). Since  the
instant procurement ultimately requires publication of pamphlets,
requiring a series of complex tasks in preparation, SIC code 2741
is the most appropriate classification.
     
                           Conclusion
                                
     The appropriate SIC code for this procurement is the one now
assigned,  2741  (Miscellaneous Publishing), with a  500-employee
size   standard.   Appellants'  appeals  are  DENIED,   and   the
Contracting Officer's designation is AFFIRMED.

      This is the Small Business Administration's final decision.
13 C.F.R. Section 134.316(b).



                              ______________________________
                              GLORIA E. BLAZSIK
                              Administrative Judge


_________________________

       [1] Because the four appeals involve the same solicitation
and,   therefore,  the  same  issues,  the  Administrative  Judge
consolidated the appeals for administrative convenience.
       [2]  The  basis  for the Contracting Officer's  action  is
unclear.   If  she  believed SIC code 8741  is  appropriate,  she
should  have  retained that classification.  SBA's recommendation
is purely advisory, and only OHA decisions on appeal are binding.
       [3] Date of service when the appeal is filed by facsimile
transmission is the date of transmission (13 C.F.R. Section
134.204(e)(1)); and, when filed by first-class mail, the postmark
date.  13 C.F.R. Section 134.204(e)(2).
       [4]  Standard Industrial Classification Manual, Office  of
Management and Budget,  1987 edition.

                                                Posted: May, 1998