QuestionsandAnswersPostedtoFedbizopps020607.doc

Government Response to Questions submitted on the AT21 draft RFP

February 6, 2007

Q223. Reference Sec I; Sec L, Proposal Preparation Instructions, Proposal Content, (1) (d); and Sec M, Paragraph 3. Please provide concurrence that utilization of an approved comprehensive subcontracting plan as described at DFARS 219.702 (a) should satisfy the requirements set forth in the AT21 Draft RFP for submission of a Small Business Subcontracting Plan?

Government Response: The offeror’s proposed subcontracting plan, or either an approved master subcontracting plan or comprehensive subcontracting plan and any addendum thereto, will be evaluated in accordance with the criteria listed in Section M, paragraph 3, Small Business Subcontracting Plan. The language in Section L of the final RFP will be updated accordingly.

Per FAR 219.708, Solicitation provisions and contract clauses, paragraph (b) (1) (A), DFARS 252.219-7003 is to be used in solicitation and contracts that contain the clause at FAR 52.219-9, Small Business Subcontracting Plan.

Per FAR 219.708, paragraph (b)(1)(B), contracts awarded to contractors having an approved comprehensive subcontracting plan under the test program described in 219.702(a), the clause at 252.219-7004 should be used instead of 252.219-7003 and FAR 52.219-9. Based upon the referenced FAR and DFARS prescriptions, if an award is made to a contractor that has an approved comprehensive subcontracting plan the appropriate clauses would be inserted at time of contract award.

Q224. What is the government’s position on how a large prime will evaluate a small business qualifications (FAR Part 19.7xx)? For example, for a business to qualify as a “small” do they have to qualify in a specific NAICS code based on the work to be performed as a sub contractor or can the business “certify” themselves as small with out regard to a particular NAICS code?

Government Answer: To be eligible as a small business subcontractor under the program, a concern must represent itself as a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or a woman-owned small business concern as defined in FAR 2.101 and FAR 19.001. Furthermore, FAR 19.102(b) (1) stipulates that small business size standards are established by classifying the product or service being acquired in the industry whose definition best describes the principal nature of the product or service being acquired.

Per FAR 19.703(b) the contractor acting in good faith may rely on the written representation of its subcontractor regarding the subcontractor’s status as a small business, veteran-owned small business, service-disabled veteran-owned small business, or a woman-owned small business concern. The contractor shall confirm that a subcontractor representing itself as a small disadvantaged business concern or a HUBZone small business concern is certified by SBA as the same by accessing the Central Contractor Registration (CCR) database or by contacting the SBA.

It should be noted that, the contractor, the contracting officer, or any other interested party can challenge a subcontractor's size status representation by filing a protest, in accordance with 13 CFR 121.1601 through 121.1608.