Notice of Order.doc

Docket No. NAICS-2008-05-21-89

United States Small Business Administration

Office of Hearings and Appeals

NAICS APPEAL OF:

Computer Cite

Appellant

Solicitation No. FA8773-08-R-0136

38 EIG/PKL

Tinker AFB, OK

Issued: May 21, 2008

Docket No. NAICS-2008-05-21-89

NOTICE AND ORDER

The Office of Hearings and Appeals (OHA) hereby notifies all parties (defined in 13 C.F.R. § 134.101) and other persons (defined in 13 C.F.R. § 134.205(c)) of the May 21, 2008, filing of a North American Industry Classification System (NAICS) code appeal from the above-captioned solicitation.

I. Instructions to the Contracting Officer

The Contracting Officer who designated the NAICS code in this solicitation MUST:

A. Issue an amendment to the solicitation that notifies potentially interested parties of the pendency of this appeal, including attaching a copy of this Notice and Order. See Advanced Systems Technology, Inc. v. United States, 69 Fed.Cl. 474 (2006). After providing the required notice, attach a copy of the amendment to the “Fax-Back Memorandum.”

B. Submit a paper copy of the original solicitation and all amendments to OHA only, as required by 13 C.F.R. § 134.306(b) and FAR § 19.303(c)(4). Also, if the solicitation is posted on the Internet, inform OHA of the URL.

C. Complete and return the “Fax-Back Memorandum” as soon as possible.

D. Submit to OHA any additional amendments made while this appeal is pending.

E. File and serve written notice of any contract award (including date awarded and name of awardee), cancellation, stop-work order, or other litigation affecting the procurement.

The Contracting Officer may also respond to the appeal by the close of record.

II. Responses to the Appeal and Close of Record

Any response to this appeal must be served on all parties to the proceeding or on their attorneys and be RECEIVED by OHA no later than June 5, 2008. Except for good cause shown, the record will close on that date.

OHA’s rules of practice are at 13 C.F.R. §§ 134.101-317. More information on NAICS code appeals is available at: www.sba.gov/oha.

III. Filing and Service Instructions

A party filing any pleading or other submission must include a Certificate of Service stating how and when the party accomplished service. 13 C.F.R. §§ 134.305(d), 134.204(d). The attached Certificate of Service lists all currently known parties (or their representatives), record addresses, and facsimile numbers.

The filing and service requirements for all pleadings and other submissions are at 13 C.F.R. §§ 134.204, 134.305(c), and 134.307. Filing means the RECEIPT by OHA of the pleading or other submission. Any filing received by OHA after 5 p.m. eastern time is considered filed on the next day. 13 C.F.R. § 134.204(b). Service means providing a copy of the pleading or other submission to any attorneys or authorized representatives of parties, and to unrepresented parties, at their record addresses. 13 C.F.R. § 134.204(c). All filings must contain the docket number and must be faxed (recommended method), personally delivered, commercially delivered, or mailed to:

Office of Hearings and Appeals

U.S. Small Business Administration

409 Third Street, S.W.

Washington, DC 20416

ATTENTION: Patricia Lee, Assistant Size Specialist

(Fax) 202-205-7059 (Phone) 202-401-8200

IV. Availability of alternative dispute resolution procedures

At any time during the pendency of this NAICS code appeal, the Appellant and the Contracting Officer may jointly file a motion for the use of alternative dispute resolution procedures, including mediation with a different OHA Judge, to assist in resolving this matter. On granting this motion, I will stay the proceedings before me, pending the outcome of the alternative dispute resolution procedures. See 13 C.F.R. § 134.216.

THOMAS B. PENDER

Administrative Judge

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