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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.
I have a question regarding a set aside RFP that is 8(a) but the NAICS code is 561110 (sm size standard 7.5mil) Our company is an 8(a) usually operating in the 54 NAICS series (sm size standard 15mil). It looks like with our 2014 revenues, our 3 year average will exceed the 7.5 mil. However, the solicitation is marked set aside for 8(a) not small business, even though the NAICS code is 561110. Can anyone advise if we can pursue this solicitation?
My company is currently bidding a large contract. With two weeks prior to proposals due, the Contracting Office changed the NAICS code. Although, the set-aside remains the same, the NAICS code size standard changed from 1500 people to $25 Million, which takes us from a small business, to a large business. Needless to say, this causes much consternation due to the fact that we were swiftly removed from the competition. First and foremost, is this possible? Secondly, if it is, can I submit a claim to recoup expenses? I have a short fuse on this so please respond with your input shortly. Much appreciated!
I have a solicitation where one of the requirements is that an offeror has to have the listed NAICS code in their ORCA in order for them to submit an offer. In 13 CFR 121.402( it states, "... Acquisitions for supplies must be classified under the appropriate manufacturing NAICS code, not under a Wholesale Trade or Retail Trade NAICS code..." Since this solicitation is for an IDIQ contract for supplies, I would assume that we should follow this CFR. I have been an 1102 for awhile, and when I came across this CFR reference in a WIFCON post, it surprised me. I wonder why this isn't incorporated into the FAR somewhere (or at least I could not find it), as I would imagine many (if not most) 1102s are not aware of this. I have seen many FBO posts listing wholesale or retail NAICS codes. If a company is a retail company (for example, a department store), they would logically not have the manufacturing NAICS code in their ORCA registration. Could they add these NAICS codes in order to be in compliance with the solicitation, or would they be violating some law/rule/etc..? Or should local policy of the solicitation requirement be removed? Thank you in advance for your input.