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Amy

Unrestricted Solicitation

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We are in the process of responding to a RFP that was changed from Restricted to Unrestricted but the NAICS 541922 Size Standard $7,500,000 remains on the 1st page of the SF 1449.  Since we are a Veteran Owned small business under NAICS 541330 Size Standard $38,500,000, are we required to submit a Small Business Subcontracting Plan?  The RFP states that only Large Business must submit a subk plan with their proposal.  Please advise.

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You are only a "small business" for the purposes of this solicitation based on the NAICS code identified for this solicitation.

If you are not a "small business" under the specified NAICS then you are not a "small business" for this RFP and are considered to be an "other than small" or "large" business. 

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Importantly you should be looking for FAR provision 52.219-1 in the solicitation package as well, not solely depend on what is stated on the cover form SF-1449.  It will confirm and otherwise state the size standard to which you would be representing your status as a small business or not and this provision confirms the advice that Pepe has provided.

Also see FAR subpart 19.702 for more information regarding subcontracting plans.   19.702....."(b) Subcontracting plans (see paragraphs (a)(1) and (2) of this section) are not required-

  1. (1) From small business concerns...."

"

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Thank you C Culham.  Did not find FAR 52.219-1 in the solicitation package.  This is the language in Amendment when they changed it to unrestricted but kept the NAICS 541922 and size standard $7.5M:

 

Volume V – Small Business Sub-Contracting Plan. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business Offerors shall submit a Small Business Subcontracting Plan with their proposal Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated. In preparing the Small Business Subcontracting Plan, Offerors should note that historical compliance with FAR 52.219-9 and DFARS 252.219-7003 may be evaluated as part of Past Performance in future source selections.

 

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3 hours ago, Amy said:

Thank you C Culham.  Did not find FAR 52.219-1 in the solicitation package.  This is the language in Amendment when they changed it to unrestricted but kept the NAICS 541922 and size standard $7.5M:

My bad, I apologize.   I did not grasp adequately that you are talking a commercial item.   Your certification as to small business, if not in your annual certification would be provided via FAR provision 52.212-3 as it relates to the indication of size standard on the face form or otherwise referenced in the solicitation.  

In the end it as how Pepe has stated. 

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Thank you again, C Culham.  It appears that we need to provide a subk plan to be on the safe side.

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It’s not a matter of being on the safe side.  It’s a matter of complying with the solicitation.

PERTINENT INFORMATION:  NAICS code for this solicitation, and its size standard   

WHOLLY IRRELEVANT INFORMATION:  NAICS code for any other solicitation, and NAICS code self-certification in annual Reps & Certs.

You need to submit a subcontracting plan if you are not a small business concern based on the NAICS code for the solicitation.  

Based on the NAICS code for this solicitation, are you a small business concern?

YES - You don’t need to submit a plan.  

NO - You need to submit a plan in accordance with the solicitation instructions.  

If you did an annual Reps & Certs based on some other NAICS code, you will want to update your certification in the Reps & Certs for this solicitation.  

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Agree with you 100% ji20874. That is what meant when I said on the safe side to comply with the RFP NAICS code.  Thank you so very much for your input.  Appreciate it very much!!!

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