2short

For government solicitations the Contracting Officer is responsible for identifying the NAICS code that determines the business size of the prime. IAW 13 CFR 125.3(c)(v), the prime contractor is responsible for assigning the NAICS codes for its subcontractors. Does 13 CFR 125.3(c)(v) or any other code or regulation authorized the prime to select a NAICS code for its subcontractors named in its proposal that is different than the NAICS code identified in the solicitation? Does 13 CFR 125.3(c)(v) only apply to prime contractor subcontract awards after the contractor is awarded the prime contract?

We are not going to be sticking our neck out. As I stated in the OP, we have provided them an option that is doable and does not break any laws or regs, but it is not what they want right now, and if push comes to shove I will get the ACO involved. I first wanted to try and give them an answer that would satisfy them before taking that step.

I tried showing them the limitation of funds clause, explaining how this would not meet the defintion of allocability, that it is against company policy since it would require employees to faslely certify their timecards, but they did not believe any of that applied to their situation because none of those addresses specifically what they want to do.

We have an IDIQ contract. On this contract we have two customers that want to help each other out but not do the paperwork. They are asking my company to do work on one Task Order and charge a different Task Order for it. We have told them that cannot be done without moving the money from one Task Order to the other, but they don't want to do the paperwork. Since they are in the same command and the source of the funding is the same they don't think it should matter. We have told them we cannot do it in this manner. We have given them an option to tide them over until they can get the paperwork done, but this is not good enough. They want a specific FAR, CAS, or other regulation that states that this cannot be done, and I cannot find one that addresses this specifically. They want a telecon to discuss. I don't want to get the ACO involved at this point and make the customer feel like I tattled on him, but will probably have to. Can anyone give me a specific reference that would address this? Thanks in advance.