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Grandfathered Small Business IDIQ


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#1 FAR out

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Posted 13 March 2012 - 10:04 AM

We were a small business when we were awarded an IDIQ. We have since graduated to a large business but have been grandfathered in as a small.

We would like to pursue a set aside task order for a small business under this IDIQ. The task order response states: This requirement is an exception to the fair opportunity process as per FAR 16.505(b(2)(i)(F). This task order is set-aside for small business concerns. Task Order Responses received from concerns that are not small business concerns in accordance with the NAICS Code and small business size standard applied for this requirement shall be considered nonresponsive and will be rejected in accordance with FAR Clause 52.219-6.

Does this mean we cannot go after this as a prime? I understood that it was up to the individual contracting office to determine if they will allow a large business that was grandfathered in as a small to prime.

Can someone help clarify?

#2 Retreadfed

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Posted 13 March 2012 - 12:06 PM

We were a small business when we were awarded an IDIQ. We have since graduated to a large business but have been grandfathered in as a small.

We would like to pursue a set aside task order for a small business under this IDIQ. The task order response states: This requirement is an exception to the fair opportunity process as per FAR 16.505(b(2)(i)(F). This task order is set-aside for small business concerns. Task Order Responses received from concerns that are not small business concerns in accordance with the NAICS Code and small business size standard applied for this requirement shall be considered nonresponsive and will be rejected in accordance with FAR Clause 52.219-6.

Does this mean we cannot go after this as a prime? I understood that it was up to the individual contracting office to determine if they will allow a large business that was grandfathered in as a small to prime.

Can someone help clarify?


Does the TO RFP require you to recertify your size status?

#3 FAR out

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Posted 13 March 2012 - 12:34 PM

This is part of the same paragraph:

Offerors must represent in good faith that at the time of their written representation, they are a small business in accordance with the NAICS Code and small business size standard applied for this requirement.

Thoughts?

#4 Retreadfed

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Posted 14 March 2012 - 12:58 PM

This is part of the same paragraph:

Offerors must represent in good faith that at the time of their written representation, they are a small business in accordance with the NAICS Code and small business size standard applied for this requirement.

Thoughts?


The SBA's regulations on size permit contracting agencies to require recertification of a contractor's size prior to issuance of task orders. If the contractor cannot recertify that it is small, the contractor can be determined ineligible to recieve a set-aside award. This language appears to require such a recertification.

#5 HCuffage

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Posted 16 May 2012 - 01:34 PM

The new (APR 2012) clause at 52.219-28 requires recertification within certain timeframes after novations, mergers or acquisitions, within 60-120 days prior to the end of the fifth year of the contract, and within 60-120 day prior to the date established for the exercise of any option after the fifth year of the contract. What does the clause in your current contract say, if anything. Also, FAR 19.804-6© authorizes 8(a) concerns to continue to receive orders under a multiple award IDIQ contract after it outgrows the size standard for the NAICs code listed in the contract. This would suggest that unless you are an 8(a) your response to the RFP would be one from a concern that does not meet the size standard for the NAICS Code and small business size standard applied for the requirement and will liekly be considered nonresponsive and rejected in accordance with FAR Clause 52.219-6.




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