jsimancas

I was wondering if others have experienced a solicitation that has been live for 2 weeks go from unrestricted to set aside.  Can this happen without canceling the solicitation and issuing a new? one?  

Are set asides exempt from 52.219-8, Utilization of Small Business Concerns?

My understanding it is only 52.219-9, Small Business Subcontracting Plan.

Thanks C Culham! Exactly what I needed to know... SBA office has been unresponsive!

Thanks ji20874!

Sounds like it might be up to SBA - Looking at the Eligibility based on Section 8(a) Program criteria it states,

"Once approved, SBA continuously monitors the firm to ensure that the firm is still small in its primary industry."

If our primary industry is 541990 - we are still small business and in the 8(a) program. With that logic we could receive an 8(a) contract with a NAICS code of 561110.

​Open to other interpretations....

Has anyone had any experience with ceiling indirect rates being increased in a CPFF. Does anyone know of a legal argument? We had our ceilings rates set on a CPFF contract at time when we were very young, very small and had never had an audit. Now that we understand how ceilings work, we have realized we have lost hundreds of thousands in actual costs. Does anyone anything we can do? The CO wants to work with us but needs legal arguments as to why he should increase the ceiling indirect rates.

Thanks! To clarify I meant "Our actual indirect rates are now significantly higher." We agreed to ceiling rates based on our provisional rates. The ceiling rates in our contract is what we would like increased.

Has anyone had success in requesting to increase ceilings of indirect rates on a CPFF contract? We are a small business that entered into a CPFF with ceiling indirect rates 4 years ago. Our actual ceiling rates are now significantly higher. We have approached our Contracting Officer who asked that we develop sound arguments they could use in a determination and finding memo.

Any help, guidance or reference to successful case law would be great.

Since the 'team' we are proposing would be a CTA relationship versus a Prime/Subcontractor Relationship I agree that all would need to hold the appropriate schedule and be small if the requirement falls under FAR 19.501 - “set-aside for small business is the reserving of an acquisition exclusively for participation by small business concerns."

This brings up another issue we have been debating.

Are you required to enter into a CTA if your partner holds the appropriate schedule? Can you simply forgo the CTA and enter into a Prime/Subcontract Relationship?

Do all team members of a CTA have to be small businesses when solicitation is a small business set aside? Is this still to the discretion of the CO?

Thank you!

I am wondering if there is a difference between between "Small Business Set-Aside" and "Total 100% Small Business Set-Aside"?

Can large business be subs under "Total Small 100% Small Business Set-Aside"?

~Thank You~