Hello everyone, I have followed WIFCON.com for a while now, but never had the need to post anything until just recently. There is discussion going on within my office, and I wanted to get different opinions on the topic.
Scenario: An RFQ, using FAR Part 13 procedures, was issued for an LPTA supply requirement that totals less than $15,000. In the RFQ it was stated the appropriate NAICS and size standard. The RFQ closed, and 4 responses were received. The vendor who is the lowest priced technically acceptable is a Small Business but does not have the stated NAICS resident on their SAM profile. The vendor is also not the manufacturer of the item they are offering, and their offered item is not manufactured by a Small Business.
According to 13 CFR §121.406(d) a Small Business is exempt from providing a product manufactured by a Small Business when using Part 13 procedures, and when the acquisition is less than $25,000 as long as they meet the following requirements:
(i) Does not exceed 500 employees;
(ii) Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied;
(iii) Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice; and
(iv) Will supply the end item of a small business manufacturer, processor or producer made in the United States, or obtains a waiver of such requirement pursuant to paragraph (b(5) of this section.
The prospective awardee meets all of these requirements, but again does not have the solicitation’s NAICS resident on their SAM profile. The CO is stating that the award cannot be made to that vendor because the NAICS is not resident in SAM. Is this in fact the case?
On the SBA's website (https://www.sba.gov/content/guide-size-standards-0) it states: To bid on Federal contracts, the concern must self-certify in SAM that it is a small business under the appropriate size standard set forth in the solicitation.
This question was also posed to DAU’s Ask a Professor, and their response was that the NAICS did not have to resident in SAM as long as the vendor would still qualify as a Small Business under that NAICS. Our Small Business specialist is not co-located with our office, and the question has been asked to that individual but no response has been received as of yet.