B08 Contractor Questions with Government Answers for Solicitation W25G1V23R0005.docx

CONTRACTOR QUESTIONS RECEIVED WITH GOVERNMENT RESPONSES FOR SOLICITATION W25G1V23R0005:

CONTRACTOR QUESTION 1:

As I am sure you are aware, the Small Business Regulations (see 13 CFR 121.406, the “Non-Manufacturer Rule” (“NMR”)) require a small business offeror which is not the manufacturer of the supplies being procured to obtain said supplies from another domestic small business manufacturer unless a class or individual waiver has been issued by the SBA allowing the small to source the supplies from a large business subcontractor or vendor such as Motorola.

Currently, there is no class waiver covering land mobile radios as that waiver was rescinded by the SBA in 2009. Consequently, no large business manufacturer of land mobile radios can lawfully provide a quote in connection with a small business set-aside unless the CO has obtained an individual waiver from the SBA. The fact that that a small business resells the product in a small business set-aside solicitation does not invalidate the requirement that the small business offeror has to be the manufacturer of the product or source the product from another similarly situated small business.

As a small business partner of Motorola, we will not be able to bid this opportunity as long as it remains a small business set-aside and there are no other small businesses capable of providing product compliant to the RFQ specifications. We respectfully request that you remove the set-aside designation and compete this under full and open competition to enable Motorola small business partners to bid.

GOVERNMENT RESPONSE 1:

Please be advised this is a service acquisition and is not subject to the Non-Manufacturer Rule. The applicable NAICS for this acquisition as per the Solicitation is 811210, Electronic & Precision Equipment Repair & Maintenance. Please refer to Federal Acquisition Regulation (FAR) 19.505(c)(1). Motorola is still able to perform as a subcontractor for up to 50% of the contract total as per FAR 19.505(b)(1)(i).

CONTRACTOR QUESTION 2:

Motorola Solutions has asked me to bring it to your attention that the total will be over $250,00.00 so it the small business set-aside needs to be dropped and it be solicited open market. As you know the small business credit can be claimed at the time of award.

GOVERNMENT RESPONSE 2 (Same Response as #1):

Please be advised this is a service acquisition and is not subject to the Non-Manufacturer Rule. The applicable NAICS for this acquisition as per the Solicitation is 811210, Electronic & Precision Equipment Repair & Maintenance. Please refer to Federal Acquisition Regulation (FAR) 19.505(c)(1). Motorola is still able to perform as a subcontractor for up to 50% of the contract total as per FAR 19.505(b)(1)(i).

CONTRACTOR QUESTION 3

I have been informed by Motorola that they will not be able to provide quotes to their small business authorized partners with the small business set aside in place. Motorola is not a small business under the NAICS code and therefore cannot provide quotes to their partners. Motorola will be providing to its small business partners if the SBSA is removed, so the government will be making an award to a small business and be able to claim credit toward small business procurement goals. As this is a sole source to Motorola or its authorized partners, the SBSA will have to be removed to receive any responses. Please let me know if you have any questions or require additional information.

GOVERNMENT RESPONSE 3 (Same Response as #1 & #2):

Please be advised this is a service acquisition and is not subject to the Non-Manufacturer Rule. The applicable NAICS for this acquisition as per the Solicitation is 811210, Electronic & Precision Equipment Repair & Maintenance. Please refer to Federal Acquisition Regulation (FAR) 19.505(c)(1). Motorola is still able to perform as a subcontractor for up to 50% of the contract total as per FAR 19.505(b)(1)(i).