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small business credit on GSA schedule under new rules

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This question concerns GSA schedules, but I believe the rules on this are the same for GSA schedules and other MACs.

New rules are Fed. Reg. 78 191 Oct 2, 2013

Company was awarded a GSA schedule, in a SIN with multiple NAICS, call the NAICS "A," "B," "C."

Company certified itself as small for one of the NAICS in that SIN, say, "A".

Company has now grown out of that size for all NAICS in that SIN, but has not been required to recertify its status on the GSA schedule and won't have to for another four years. So Company is still listed in GSA's systems and in FPDS as small for this MAC.

Under the new rules, if a task order is issued against the SIN and the CO lists "B" as the one and only NAICS,

Question 1: if Company is awarded the work, can government take small business credit for the award?

Question 2: if the government sets aside the work for small businesses, can Company represent itself as small?

Next question

Company added another SIN after award. Company was not asked to certify its size on that SIN, but Company was not small for the NAICS associated with that SIN when Company added the SIN. Same questions.

The commenter of 11/06/2013 on the GSA Interact blog states that the government will automatically get credit for Company's bids on both the old and the new SIN, because agencies' procurement systems are not able to recognize companies as small for some subsets of a contract and large for another. He says procurement systems will automatically give the government credit for the award.


However, in cases where the task order had been setaside, wouldn't Company be liable for the penalties for misrepresenting its size status if it certified itself as small, for the NAICS for which it had never certified?

A lot of moderately innocent contractors are going to be violating this rule, it is not at all clear.

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