annual Reps & Certs representation of NAICS to prime contractor

[general_correspondence]

I am a subcontract manager for a prime contractor.

Yes, the prime contractor is responsible for documenting the NAICS after developing the SOW they contemplate issuing in a RFP to potential subcontractors. Yes, many program managers as well as subcontract managers working for prime contractors want to prequalify and create a Bidders list compatible to the SOW.   In doing so, the pool of potential subcontractors may contain Firms not represented to the RFP NAICS,

if after reviewing previous orders to the Firms we want to include in our bidder's list, we discover the reps & certs they have on file with the prime, do not contain a NAICS aligned to this current SOW, do we have a responsibility to not solicit these Firms?  Is it a requirement for the USG contracting officer to solicit Firms represented only in the NAICS of the government's RFP?( If so, what is the Reg?)  Because these Firms (subcontractors) can be in SAMS as many often are, would the NAICS need to be, or should be, represented in at least SAMS, or the annual certs we (the prime) may have on file, before we send a RFP to them?

The Bidder's list contained Firms that we (the prime) knew, have not been represented to NAICS on the current reps & certs we have on file for them, however the RFP cautions that any potential award would require the awardee to represent themselves to the NAICS in the RFP, and that can only be accomplished by sending in updated reps & certs with their proposal.

In order to get the award, a Firm may represent themselves to a NAICS that was not otherwise represented to the prime on other previous subcontracts we awarded to them. 

Is their a perceived ethical issue with suppliers turning on a dime and adding NAICS to offers in order to receive awards, or do these Firms have to involve the SBA and inform or document to the SBA they are adding NAICS codes to their offers for prime contracts?  Or is it the prime contractor responsibility for these responsibility matters?

 

[Neil Roberts]

On 1/16/2023 at 12:13 PM, general_correspondence said:

is their (sic) a perceived ethical issue with suppliers turning on a dime and adding NAICS to offers in order to receive awards, or do these Firms have to involve the SBA and inform or document to the SBA they are adding NAICS codes to their offers for prime contracts?  Or is it the prime contractor responsibility for these responsibility matters?

 

@general_correspondence. Obtaining reps and certs from bidders as to bidder's NAICS code, if any, for the described work...the truth and veracity belongs to the bidder, not the prime. Prior representations by a bidder to the prime as to NAICS code, if any for the prior described work, is irrelevant to me if only due to passage of time. Also, companies can have multiple NAICS codes for different products and/or services. I am not aware of any requirement that a prime contractor ensure that SBA is involved with a subcontractor' SBA relationship or coordination.