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NAICS Codes for Prime Award vs SB Teammates


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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?

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I discussed this with SBA a few years ago.  The SBA said the prime is free to use a different NAICS code with it's subs.

The example is the prime contract is to support a wide ranging network.  The prime's NAICS is one related to compter networking.  Prime contracts with sub to build a small building to house some equipment.  He would use a NAICS in the construction field.

To the further question about size standards, the SBA said that while the prime can pick a different NAICS code, he must stick with the size standard the SBA assigned.  He cannot for example say the NAICS code is 123456 and the size standard is seventeen trillion dollars.

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