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changing a size rerepresentation on a GSA schedule


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Company represented itself as large on a GSA option extension. It believes that representation was wrong, based on extremely complicated facts. Does anyone know what, if any, administrative route exists to request a change in size status on a GSA schedule from large to small after option extension? Not based on change in size, but based on administrative error? Option extension was more than a year ago.

Resubmitting a new GSA proposal is not a very desirable course of action.

Below is the modification clause for GSA schedules, which does not include such a request in section (B).

Rerepresentation under FAR 19.301-3 also does not seem to apply, as there has been no merger or acquisition.

Resubmitting a new GSA proposal would be possible I suppose but is not a very desirable course of action.

Thanks to anyone who knows anything about this.

552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE)

(JUL 2000)

(a) General. The Contractor may request a contract modification by submitting a request to the

Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every

request shall describe the proposed change(s) and provide the rationale for the requested change(s).

(B) Types of Modifications.

(1) Additional items/additional SIN's. When requesting additions, the following information must

be submitted:

(i) Information requested in paragraphs (1) and (2) of the Commercial Sales Practice

Format to add SIN?s.

(ii) Discount information for the new items(s) or new SIN(s). Specifically, submit the

information requested in paragraphs 3 through 5 of the Commercial Sales Practice

Format. If this information is the same as the initial award, a statement to that effect may

be submitted instead.

(iii) Information about the new item(s) or the item(s) under the new SIN(s) as described

in 552.212-70, Preparation of Offer (Multiple Award Schedule) is required.

(iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be

submitted in accordance with 552.211-78, Commercial Delivery Schedule (Multiple

Award Schedule).

(v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be

submitted if required by 52.215-6, Place of Performance.

(vi) Hazardous Material information (if applicable) must be submitted as required by

52.223-3 (ALT I), Hazardous Material Identification and Material Safety Data.

(vii) Any information requested by 52.212-3(f), Offeror Representations and

Certifications?Commercial Items, that may be necessary to assure compliance with

FAR 52.225-1, Buy American Act?Balance of Payments Programs?Supplies.

(2) Deletions. The Contractors shall provide an explanation for the deletion. The Government

reserves the right to reject any subsequent offer of the same item or a substantially equal item at a

higher price during the same contract period, if the contracting officer finds the higher price to be

unreasonable when compared with the deleted item.

(3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item

(i), (ii), or (iii) of paragraph ©(1) of the Price Reductions clause at 552.238-75. If the Price

reduction falls under item (i), the Contractor shall submit a copy of the dated commercial price

list. If the price reduction falls under item (ii) or (iii), the Contractor shall submit a copy of the

applicable price list(s), bulletins or letters or customer agreements which outline the effective

date, duration, terms and conditions of the price reduction.

© Effective dates. The effective date of any modification is the date specified in the modification,

except as otherwise provided in the Price Reductions clause at 552.238-75.

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When you exercised your option, how was your ORCA completed? Usually, when we (I am currently at GSA) come up to exercise a 5-year option, we pull the most current ORCA certification and use that as the primary basis for size determination.

I believe Don is correct in that your first step should be to notify your GSA Contracting Officer with the details of the error. If it was truly an administrative error, the contracting officer should be able to change the size determination via modification.

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When you exercised your option, how was your ORCA completed? Usually, when we (I am currently at GSA) come up to exercise a 5-year option, we pull the most current ORCA certification and use that as the primary basis for size determination.

I believe Don is correct in that your first step should be to notify your GSA Contracting Officer with the details of the error. If it was truly an administrative error, the contracting officer should be able to change the size determination via modification.

Here's where we get in to the complicated facts.

Company had two SINs at time of option. NAICS associated with SIN are small for SIN A in ORCA, large for SIN B in ORCA.

First five years, company had both NAICS on its GSA paperwork. Since then, GSA has decided that all schedules have to have only one NAIC, based on its twelve month sales prior to submission of new CSP 1 for option

Company had wrongly been paying IFF for those twelve months on SIN A.

Company intends to correct its IFF payment and file an admin mod to correct the recert.

1 Co says to file a mod request. Can the CO change Company's certification as "other than small" by administrative mod? GSA's definition of administrative mod.

"Administrative changes are minor changes to the contract, such as the changes to the contractor?s point of contact for contract administration; changes to the authorized negotiator(s); and address, email, fax, phone, or website changes, which do not substantively affect the rights of the parties.

GSA will consider modification requests from contractors who are in

compliance with the contract. Prior to submitting a modification request, ensure that your GSA Advantage text file, CCR and ORCA registrations are current and accurate."

www.gsa.gov/.../MOBIS_Mod_Instruction_Admin_Changes_January_2010km.doc

<http://www.gsa.gov/.../MOBIS_Mod_Instruction_Admin_Changes_January_2010km.doc>

2. This last is really of more academic interest to me than to Company. Here's the rule on assigning NAICS to 'multiple-item' contracts:

? 121.407 What are the size procedures for multiple item procurements?

If a procurement calls for two or more specific end items or types of services with different size standards and the offeror may submit an offer on any or all end items or types of services, the offeror must meet the size standard for each end item or service item for which it submits an offer. If the procurement calls for more than one specific end item or type of service and an offeror is required to submit an offer on all items, the offeror may qualify as a small business for the procurement if it meets the size standard of the item which accounts for the greatest percentage of the total contract value.

And here is a link to a proposed change of this rule:

http://www.sba.gov/idc/groups/public/docum...l-timeframe.pdf

It seems to me that if Company has one SIN with corresponding NAICS for which it is large, it has to be considered large, by the rule as currently stands.

Thanks to all for answers

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  • 2 weeks later...

Looks like you are dealing with a MOBIS contract, and their rules may be different. The GSA schedule I work with has multiple NAICS codes on it, depending on the SIN(s) applied for, so the statement that, "GSA has decided that all schedules have to have only one NAIC" is not entirely accurate, but may be for the MOBIS schedule (I am not familiar with that schedule). Our schedule utilizes the 121.407 rule that you cited to determine which NAICS code will apply in business size determination.

I still do not understand if the GSA CO would or would not permit you to request to change the size determination via modification (admin or otherwise). I know that on my schedule we have done that on a few occassions.

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Desperado, thanks for the additional feedback. Let me confirm what you are saying. If a schedule holder has more than one NAICS, and is small for one and large for another, you will determine that they are large for which (or all) of the following purposes:

Having to do a small business subcontracting plan

Listing in schedules e library

Entry of the NAICS in fpds-ng

Size determination in cases where a SIN on the schedule is setaside

Would you not have to pick on NAICS for the first three?

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Desperado, thanks for the additional feedback. Let me confirm what you are saying. If a schedule holder has more than one NAICS, and is small for one and large for another, you will determine that they are large for which (or all) of the following purposes:

Having to do a small business subcontracting plan

Listing in schedules e library

Entry of the NAICS in fpds-ng

Size determination in cases where a SIN on the schedule is setaside

Would you not have to pick one NAICS for the first three?

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  • 2 weeks later...
Desperado, thanks for the additional feedback. Let me confirm what you are saying. If a schedule holder has more than one NAICS, and is small for one and large for another, you will determine that they are large for which (or all) of the following purposes:

Having to do a small business subcontracting plan

Listing in schedules e library

Entry of the NAICS in fpds-ng

Size determination in cases where a SIN on the schedule is setaside

Would you not have to pick on NAICS for the first three?

Our solicitation has a NAICS code associated with each SIN that is listed on the schedule. If an offeror puts in for more than one SIN, we would pick the NAICS code for the SIN where a majority of the offeror's sales would be forecasted. That selection would affect the need for a Sub-K plan, the listing in eLibrary, and the entry into fpds-ng. There is no set-aside on the schedule that I work on, so I do not know it would apply to that.

Our contracting system (FSS Online) does not permit a different determination for each SIN. The determination is made at the Contract level. If a company were to have more than one contract, conceivably it could be Small for one contract and Large for another based upon the NAICS codes.

I hope this helps.

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