Whatevering the Spirit of Business

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NAICS Solicitation Classifications Size Protests
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Briefing Overview

• Jon Haitsuka
• Office of Size Standards
• 202-205-6618
• SizeStandards_at_SBA.GOV

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What is A Small Business?

• Entity Organized for Profit
• Place of Business in the U.S.
• Contributes to the U.S. economyTaxes, Employment
• Meets the Size Standard
• Procurement NAICS code assigned
• Other Primary Industry
• Independently Owned Operated

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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 Bureaus 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

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What NAICS Code to Choose?

• FAR 19.303
• 13 CFR 121.402(b)
• Contracting Officers Responsibility
• Specified in Solicitation
• Contracting Officer decision
• FAR Clause 52.204 Reps Certs

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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

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What NAICS Code to Choose?

• Example
• Engineering Services
• 4.5 million
• Vs
• Computer System Design
• 23.5 million

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What NAICS Code to Choose?

• JUSTIFY, JUSTIFY, JUSTIFY
• Work Statement
• Labor Categories
• Scope of Work

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NAICS CODE APPEALS

• FAR 19.30313 CFR 121.1102 134.301www.sba.go
  v/oha
• Companies can file appeal within 10 days after
  issuance of the initial solicitation
• Filed with SBAs Office of Hearings and Appeals
• Independent office within SBA
• SBAs OHA decision is final

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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 solicitations NAICS code

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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


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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


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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
• .

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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.


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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).


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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.

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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.

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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 [phone]