Solicitation Amendment_Pending OHA Decision on Appeal.pdf
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- Attached to
- SV26. 2 Linehaul, MHE, AGWASH Services
- Solicitation number
- W912CL-26-Q-A033
About this file
This is a Solicitation Amendment notifying parties of a NAICS code appeal and stay of offers for solicitation W912CL-26-Q-A033 issued by the U.S. Army's 410th Contracting Support Brigade. CueBid Technologies, Inc. filed an appeal of the designated NAICS code with the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) on July 30, 2026, under Docket No. NAICS-2026-07-30-290. The OHA issued a Notice and Order on August 3, 2026. In accordance with 13 C.F.R. § 121.1103(c)(1)(i) and FAR 19.103, the offer due date is STAYED indefinitely pending the OHA's final decision on the NAICS code appeal. The government will establish a new closing date by subsequent amendment after OHA issues its decision.
Any interested party may file substantive arguments concerning the appeal with OHA and all known parties. All submissions must be received by OHA no later than August 18, 2026, at which time the record will close. Submissions should be filed via email to OHAFilings@sba.gov and William.Murphy@sba.gov. A copy of any response or argument must also be served directly on the Contracting Officer, SSG David L. Garza, at DAVID.L.GARZA5.MIL@ARMY.MIL. Rules governing the appeal are located at 13 C.F.R. §§ 134.101-318 and the SBA OHA website. All other terms and conditions of the solicitation remain unchanged pending resolution of the NAICS code appeal.
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SOLICITATION AMENDMENT TEXT
SOLICITATION NO. W912CL-26-Q-A033
AMENDMENT NO. 00001
SUBJECT: NOTICE OF NAICS CODE APPEAL AND STAY OF OFFERS
1. Notice of NAICS Appeal: POTENTIALLY INTERESTED PARTIES ARE HEREBY NOTIFIED that an appeal of the North American Industry Classification System (NAICS) code designated in the subject solicitation was filed with the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) on July 30, 2026, under Docket No. NAICS-2026-07-30-290.
2. Attachment: A copy of the SBA OHA "Notice and Order" issued on August 3, 2026, is attached to this amendment as Attachment [Insert Number] and is incorporated herein.
3. Stay of Offer Due Date: In accordance with 13 C.F.R. § 121.1103(c)(1)(i) and FAR 19.103, the date for the closing of receipt of offers is hereby STAYED indefinitely. The government will establish a new closing date by subsequent amendment to this solicitation after OHA issues a final decision.
4. Procedures and Deadlines for Submitting Arguments:
a. Any interested party may file and serve its response and substantive arguments concerning this appeal.
b. All submissions must be received by OHA no later than August 18, 2026. The record will close on this date.
c. Submissions must be filed with the SBA Office of Hearings and Appeals (OHA) and served upon all currently known parties (or their attorneys) listed on the Certificate of Service attached to the OHA Notice and Order.
d. Submissions may be filed and served via email to: OHAFilings@sba.gov and William.Murphy@sba.gov.
e. Service on Contracting Officer: In addition to filing with OHA, a copy of any response or argument submitted by an interested party must be served directly on the Contracting Officer at the following address:
• Name: SSG Garza, David L.
• Email: DAVID.L.GARZA5.MIL@ARMY.MIL
f. Rules of practice governing this appeal are located at 13 C.F.R. §§ 134.101-318 and on the SBA OHA website at http://www.sba.gov/oha.
5. All other terms and conditions of the solicitation remain unchanged.
https://www.google.com/url?q=mailto%3AOHAFilings%40sba.gov https://www.google.com/url?q=mailto%3AWilliam.Murphy%40sba.gov mailto:DAVID.L.GARZA5.MIL@ARMY.MIL https://www.google.com/url?q=http%3A%2F%2Fwww.sba.gov%2Foha
United States Small Business Administration
Office of Hearings and Appeals
NAICS APPEAL OF:
CueBid Technologies, Inc.
Appellant
Solicitation No. W912CL-26-Q-A033
U.S. Army, 410th Contracting Support Brigade
Issued: August 3, 2026
Docket No. NAICS-2026-07-30-290
NOTICE AND ORDER
The Office of Hearings and Appeals (OHA) hereby notifies all currently known parties, all prospective offerors, and other persons that an appeal of the North American Industry
Classification System (NAICS) code designated in the above-captioned solicitation was filed on
July 30, 2026. OHA conducts NAICS code appeals under the authority of 13 C.F.R. Parts 121 and 134, and Federal Acquisition Regulation (FAR) 19.103.
I. Instructions to the Contracting Officer
The Contracting Officer responsible for this solicitation SHALL:
A. Amend the solicitation within two business days to notify potentially interested parties of the pendency of this appeal. Attach a copy of this Notice and Order to the amendment.
See Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (2006). Send a copy of the amendment to OHA with the “CO’s Memorandum.”
B. Stay the date for the closing of receipt of offers until OHA issues a decision, as required by 13 C.F.R. § 121.1103(c)(1)(i).
C. Send OHA a link to where the original solicitation and all amendments are posted on the Internet, as required by 13 C.F.R. § 134.306(b) and FAR 19.103(a)(6). If the solicitation is not posted online, send a paper copy to OHA.
D. Complete and return the “CO’s Memorandum” as soon as possible.
E. Notify OHA of any additional amendments to the solicitation, any contract award, or any other litigation affecting this procurement, while this appeal is pending.
The Contracting Officer may also file and serve a substantive response to the appeal by the close of record.
Docket No. NAICS-2026-07-30-290
- 2 -
II. Responses to the Appeal and Close of Record
Any response to this appeal shall be filed with OHA and served upon all parties or their attorneys (if represented) and be RECEIVED by OHA no later than August 18, 2026. Except for good cause shown, the record will close on that date.
The rules of practice are at 13 C.F.R. §§ 134.101-318. OHA’s website has the rules, a sample certificate of service, caselaw, and other material: http://www.sba.gov/oha.
III. Filing and Service Instructions
A party filing any pleading or other submission shall include a Certificate of Service stating how and when the party accomplished service. 13 C.F.R. §§ 134.305(c), 134.204(d).
The attached Certificate of Service lists all currently known parties (or their attorneys) and their email addresses.
Filing is the RECEIPT by OHA of the pleading or other submission. A filing received by OHA after 5 p.m. eastern time is considered filed on the next day. 13 C.F.R. § 134.204(b)(2).
Service means providing a copy of the submission to other parties (or their attorneys). 13 C.F.R.
§ 134.204(c). OHA recommends filing and service by email. File any submissions to:
Office of Hearings and Appeals
U.S. Small Business Administration
409 Third Street, S.W., 8th Floor
Washington, DC 20416
Attn: William Murphy, Esq.
Email: OHAFilings@sba.gov; William.Murphy@sba.gov
Parties should also check their record addresses on the attached Certificate of Service.
Unless otherwise instructed, that address is where all further papers (including the decision) in this appeal will be served.
OHA decisions are normally published without redactions on OHA’s website within a few days of issuance. A party may request the public decision be redacted by contacting OHA promptly once an appeal is filed. For information on protective orders and OHA’s treatment of confidential information, see 13 C.F.R. § 134.205.
CHRISTOPHER HOLLEMAN
Administrative Judge mailto:OHAFilings@sba.gov mailto:William.Murphy@sba.gov
File details come from the government source that posted it. Updated .