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FSS Task Order - Business Size Status


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Can someone shed light on this scenario:

Business size in GSA shows large business on a vendor.  Vendor has more NAICS codes in SAM and the appropriate NAICS code for the requirement, the vendor is listed as small business in SAM.  Can you award a small business task order award to the vendor if the vendor's GSA contract shows awarded to a large business?  How do you deal with vendors that have multiple NAICS codes in this situation where they are small business for some and large business for others and their GSA contract shows them as large or small business?

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This GAO decision should be helpful (CMS Information Services, Inc., B-290541, August 7, 2002).  FAR 8.405-5(b) states "Ordering activities should rely on the small business representations made by schedule contractors at the contract level."  However, as explained in the GAO decision, that does not prohibit the CO from requesting recertification at the order level. 

Also, you could check with the GSA CO and see what they have to say.  I suspect the size status listed on the GSA website is based on the primary NAICS code for the contract.   

Regardless, I would consider having all firms quoting, recertify their business size for the appropriate NAICS code related to the supply/service being acquired.  So long as the firm certifies its is a small business, the item acquired is within the scope of the contract, and the NAICS code used is appropriate, it would be okay for them to be considered for award under a set-aside.

On a related note, if the GSA contract is coded as "other than small", you may have an issue getting credit towards small business goals.

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Guest Vern Edwards
1 hour ago, thecontractingguy said:

Can someone shed light on this scenario:

Business size in GSA shows large business on a vendor.  Vendor has more NAICS codes in SAM and the appropriate NAICS code for the requirement, the vendor is listed as small business in SAM.  Can you award a small business task order award to the vendor if the vendor's GSA contract shows awarded to a large business?  How do you deal with vendors that have multiple NAICS codes in this situation where they are small business for some and large business for others and their GSA contract shows them as large or small business?

If the GSA lists them as a large business and if you did not ask for a new representation with the task order solicitation, then don't award to them.

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