Small Business Status Changes under GSA MAS

[contractor2589 0]

I have looked but could not find a discussion on this, so any info or redirect to a previous topic would be helpful.

My question: If a contractor is awarded a GSA MAS contract (for example, something under FSS "OOCORP") when the contractor is a small business, but then grows to exceed the size standard for a particular NAICS, can the contractor continue to compete for small business set-aside work or BPAs issued under that FSS within that particular NAICS until its GSA contract expires? In other words, if a small business set-aside BPA is competed under GSA FSS 00CORP, can a firm that does not meet the size standard compete as prime contractor if the contractor's GSA contract was awarded when the contractor was still a small business for that NAICS?

Thanks in advance.

[DWGerard1102 0]

contractor2589,

If the contractor is a small business when they submit their proposal for the ID/IQ MAS contract, and subsequently grows outside of the size standard for the contract, the contractor retains its small business standard for that contract for the life of the contract EXCEPT for long term (greater than 5 year), contracts per 13 CFR 121.404(a)(1)(I).  Two exceptions for that statement is 1. If the Delivery Order/Task Order KO requests that all competitors recertify their small business status in the solicitation for the order, then competitors size is determined at the time they submit their quote/proposal for that order per 13 CFR 121.404(a)(2)(g); and 2. In long term contracts, all small business participants in the contractor pool must recertify their status no more than 120 days prior to the end of the 5th year and any subsequent options per 13 CFR 121.404(a)(3).

[contractor2589 0]

Wow. Ok. Thanks. 

So technically a company could get awarded a GSA MAS contract, become a large business the next day, then 4.9 years later  get awarded a 5-year SBSA BPA under that MAS contract. 

[Retreadfed 0]

Not necessarily.  It depends on when the contractor does the recertification of its size.  In addition to the SBA regulation references above, look at FAR 52.219-28.

[DWGerard1102 0]

On ‎2‎/‎21‎/‎2019 at 8:45 AM, contractor2589 said:

Wow. Ok. Thanks. 

So technically a company could get awarded a GSA MAS contract, become a large business the next day, then 4.9 years later  get awarded a 5-year SBSA BPA under that MAS contract. 

A BPA is not a contract so a company that becomes a large business right after the BPA is established would not be a small business because each BPA award is an independent contract/purchase order.  If the BPA is from a 5 year or less contract where the contractor is considered a small business, then the BPA awards would only be to a SB until that contract ended or the KO required the contractor to recertify its SB status.  It can get complicated when KO's decide they are the SB goal keeper, instead of just letting the regulations do their job.

For an ID/IQ contract, each delivery/task order award would be a SB award if the contractor was a small business at the time it submitted its proposal with pricing unless the business lost its small business status between that time and the award IF the KO required a recertification at the time of award. 

A business that met the small size standard at either the submission of proposal with cost or time of award (if the KO required recertification), would be a small business for the contract PoP up to 5 years even if it became a large business the day after award, including ID/IQ contract DO/TOs.  That is UNLESS the DO/TO Contracting Officer decided to demand that the contractor recertify its SB status for the DO/TOs.  Which would not make any sense unless the KO wanted to take that right away from the contract holder.

[contractor100 0]

Except, not for GSA BPAs, which are in question?

 

2) With respect to “Agreements” including Blanket Purchase Agreements (BPAs) (except for BPAs issued against a GSA Schedule Contract), Basic Agreements, Basic Ordering Agreements, or any other Agreement that a contracting officer sets aside or reserves awards to any type of small business, a concern must qualify as small at the time of its initial offer (or other formal response to a solicitation), which includes price, for the Agreement. Because an Agreement is not a contract, the concern must also qualify as small for each order issued pursuant to the Agreement in order to be considered small for the order and for an agency to receive small business goaling credit for the order.

[Retreadfed 0]

2 hours ago, contractor100 said:

 With respect to “Agreements” including Blanket Purchase Agreements (BPAs) (except for BPAs issued against a GSA Schedule Contract), Basic Agreements, Basic Ordering Agreements, or any other Agreement that a contracting officer sets aside or reserves awards to any type of small business, a concern must qualify as small at the time of its initial offer (or other formal response to a solicitation), which includes price, for the Agreement. Because an Agreement is not a contract, the concern must also qualify as small for each order issued pursuant to the Agreement in order to be considered small for the order and for an agency to receive small business goaling credit for the order.

Citation?

[ji20874 0]

13 CFR § 121.404 explains these matters.