FedContractor

thanks makes sense. thanks.

Thanks for your responses; please let me restate. The exception 13 CFR 121.404(g)(3) was triggered and the firm rerepresented itself as other than small at the 5th year. It then, either through a novation or declining revenues/staff, becomes small. Then, a task order solicitation requires firms to represent their size using criteria similar to 52.219-1 at the time of task order submission, and does not question the offeror's status on the IDIQ contract. Is the offeror eligable for task order set-aside even though the Government should not be taking small business credit per FAR 19.301-2(d)? Navy_Contracting_4, I only question your "wouldn't it be false" question because the Government shouldn't be taking credit per FAR 19.301-2(d)? Same issue with the novation, if I certify as small then large them small, 19.301-2(d) still doesn't allow the Government credit based on my literal interpretation of this sentence. BTW, I don't think FAR 19.301-3 applies because the its limited to "before contract award", though I've always found this to be unclear as to when and how the Goernment could take credit for the small busienss award.

Yes, sorry. Thanks. FAR 19.301-2(d) prohibits agencies from taking small business credit on a contract once a contractor rerepresents itself as other than small. However, there doesn’t appear to be a solid linkage between the taking “credit” and the “eligibility” criteria for set-aside procurements. FAR 52.219-1 refers back to 13 CFR Part 121, which doesn’t seem to address a scenario where an offeror was awarded a set-aside IDIQ contract, then rerepresented itself as large, and then, though novation or declining revenues/payroll, was able to subsequently rereperesent itself as small for a task order set-aside requesting a task-order-level representation. Am I missing something in 13CFR121 that makes offerors ineligible for task orders containing FAR 52.219-6 after the rerepresent their size on an IDIQ contract? Should a task order contain a representation similar to FAR 52.219-1 and the contractor has represented itself as large on the contract, may a contractor still represent itself a small for that task order if its trailing revenues/employee count are below the applicable NAICs code threshold and other SB criteria in 13CFR121 are met?

FAR 19.301-2(d) prohibits agencies from taking small business credit on a contract once a contractor rerepresents itself as small. However, there doesn’t appear to be a solid linkage between the taking “credit” and the “eligibility” criteria for set-aside procurements. FAR 52.219-1 refers back to 13 CFR Part 121, which doesn’t seem to address a scenario where an offeror was awarded a set-aside IDIQ contract, then rerepresented itself as large, and then, though novation or declining revenues/payroll, was able to subsequently rereperesent itself as small for a task order set-aside requesting a task-order-level representation. Am I missing something in 13CFR121 that makes offerors ineligible for task orders containing FAR 52.219-6 after the rerepresent their size on an IDIQ contract? Should a task order contain a representation similar to FAR 52.219-1 and the contractor has represented itself as large on the contract, may a contractor still represent itself a small for that task order if its trailing revenues/employee count are below the applicable NAICs code threshold and other SB criteria in 13CFR121 are met?