CC Distributors, Inc., No. 4422 (January 8, 2001)
Docket No. NAICS-2000-12-26-39


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

                                  )
NAICS APPEAL OF:                  )
                                  ) Docket No. NAICS-2000-12-26-39
CC Distributors, Inc.             )
                                  ) Decided:  January 8, 2001
     Appellant                    )
                                  )
Solicitation No. F64133-01-R0004  )
                                  )
Department of the Air Force       )
Andersen Air Force Base, Guam     )
                                  )

                                
                   ORDER DISMISSING APPEAL [1]
                                
     On  December 4, 2000, the Contracting Officer (CO)  for  the
Department  of  the  Air Force, Andersen Air  Force  Base,  Guam,
issued  this  total  small  business set-aside  solicitation  for
management of a contractor operated civil engineer supply  store.
On  December  22,  2000, Appellant CC Distributors,  Inc.  (CCD),
appealed  the CO's Standard Industrial Classification (SIC)  code
designation. [1]

     On  December  26,  2000, the CO amended the solicitation  to
remove  the  small business set-aside and opened the solicitation
to  unrestricted competition.  On December 29, 2000, CCD moved to
dismiss  its  appeal because the solicitation is  no  longer  set
aside for small business. [2]
    
    Appellant's motion to dismiss its appeal is GRANTED, and the
appeal   is   DISMISSED.   [3]  This  is   the   Small   Business
Administration's final decision.  13 C.F.R. Section 134.316(b).

                                 
                                 
                                 
                                 
                                 ______________________________
                                 RICHARD S. ARKOW
                                 Administrative Law 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]    The  CO erroneously designated a SIC code  for  the
procurement.  He should have designated a North American Industry
Classification System (NAICS) code.  Effective October  1,  2000,
the  NAICS  replaced the SIC system as the basis  for  the  SBA's
small  business  size  standards.  65 Fed. Reg.  30836  (May  15,
2000); 65 Fed. Reg. 53533 (Sep. 5, 2000) (corrected table).
       [3]    That  day, the Small Business Administration  (SBA)
noted  its intervention and moved for additional time to respond.
The dismissal of this appeal renders responses unnecessary.

                                            Posted: October, 2001