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NAICS Solicitation Classifications & Size Protests

NAICS Solicitation Classifications & Size Protests. Briefing Overview. Jon Haitsuka Office of Size Standards 202-205-6618 SizeStandards@SBA.GOV. What is A Small Business?. Entity Organized for Profit Place of Business in the U.S. Contributes to the U.S. economy—Taxes, Employment

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NAICS Solicitation Classifications & Size Protests

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  1. NAICS Solicitation Classifications & Size Protests

  2. Briefing Overview Jon Haitsuka Office of Size Standards 202-205-6618 SizeStandards@SBA.GOV

  3. What is A Small Business? • Entity Organized for Profit • Place of Business in the U.S. • Contributes to the U.S. economy—Taxes, Employment • Meets the Size Standard • Procurement – NAICS code assigned • Other – Primary Industry • Independently Owned & Operated

  4. NAICS CODES • North American Industry Classification System • Common System of U.S., Canada, & Mexico • Replaced Standard Industrial Classification (SIC) system in 1997 • U. S. Census Bureau’s responsibility • http://www.census.gov/epcd/www/naics.html • Classification System to ID industries • Groups Establishments Producing Similar Goods & Services • Developed to collect Economic Data

  5. What NAICS Code to Choose? FAR 19.303 13 CFR 121.402(b) • Contracting Officer’s Responsibility • Specified in Solicitation • Contracting Officer decision • FAR Clause 52.204 Reps & Certs

  6. What NAICS Code to Choose? • Selects the NAICS code which best describes the Principal Purpose of the product or service being acquired. • Usually, Component/Service Representing the Greatest Value • Other Considerations • Labor Categories

  7. What NAICS Code to Choose? • Example: • Engineering Services • $4.5 million Vs • Computer System Design • $23.5 million

  8. What NAICS Code to Choose? JUSTIFY, JUSTIFY, JUSTIFY • Work Statement • Labor Categories • Scope of Work

  9. NAICS CODE APPEALS FAR 19.30313 CFR 121.1102 & 134.301www.sba.gov/oha • Companies can file appeal within 10 days after issuance of the initial solicitation • Filed with SBA’s Office of Hearings and Appeals • Independent office within SBA • SBA’s OHA decision is final

  10. On-Line Representation & Certification Application (ORCA) • FAR Clause 52.204-8 • Small Business Self-Certifications in the ORCA Profile • Pulls certain data fields from CCR, including NAICS • Clause states ORCA Profile is current and includes the solicitation’s NAICS code

  11. Size Protests and Size Determinations 13 C.F.R. § 121.1001: Who may initiate a size protest or request a formal size determination? Size Protest: 1. Unsuccessful Offeror 2. CO 3. SBA GC Area Office 4. Other Interested Parties 5. Other Govt. Officials Size Determination: 1. Applicant for assistance 2. SBA Official

  12. Size Protests and Size Determinations 13 C.F.R § 121.1002: Who makes a formal size determination? GC Area Office 13 C.F.R. § 121.1003: Where should a size protest be filed? Contracting Officer of Agency where procurement was awarded

  13. Size Protests and Size Determinations • 13 C.F.R. § 121.1004: What time limits apply to size protest? • Non-negotiated procurement or sale – 5 working days from date of bid opening. • Negotiated procurement – 5 working days from notice to protester or identity of prospective awardee. • 3. Long-term contracts – 5 working days from notice of award. • --For CO and SBA – no time limit • --Effect of Award • --Untimely protest • --Premature protest • .

  14. Size Protests and Size Determinations • 13 C.F.R. § 121.1005: How must a protest be filed with the contracting officer? • There is no particular format for filing a protest. A protestor should identify the business and its operators and supplement information to support their claim • 13 C.F.R. § 121.1006: When will a size protest be referred to an SBA Government Contracting Area Office? • There is no time table, but it should be done immediately and it should include all materials supporting the protest.

  15. Size Protests and Size Determinations • 13 C.F.R § 121.1007: Must a protest of size status relate to a particular procurement and be specific? • --Yes, and it should have specific facts that relate to the size of the protest business. • --Non-specific protests will be dismissed. • 13. C.F.R. § 121.1008: What occurs after SBA received a size protest or request for a size determination? • Notify protested business and request information. Protested business has 3 business days to submit information requested (SBA Form 355).

  16. Size Protests and Size Determinations 13 C.F.R. §121.1009: What are the procedures for making a size determination? a. Time – 10 working days b. Basis for determination c. Burden of persuasion d. Weight of evidence e. Formal size determination f. Notification of determination g. Results of a SBA size determination 13 C.F.R. § 121.1010: How does a concern become recertified as a small business? After a business is determined to be other than small, it can request for recertification, but application and approval will have an effect on future procurement or programs, only.

  17. Size Protests and Size Determinations 13 C.F.R. § 121.1010: How does a concern become recertified as a small business? After a business is determined to be other than small, it can request for recertification, but application and approval will have an effect on future procurement or programs, only.

  18. Size Standards Information http://www.sba.gov/size Guide to Size Standards Size Regulations Table of Size Standards NAICS Definitions Specific FAQs What's New Contacts – Size Specialists Office Phone: (202) 205-6618

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