Removing Contractor From IDIQ Due to Change in Small Business Status
Started by j_dude77 · Jan 29, 2013 · 2 replies
- jOriginal post
j_dude77
Jan 29, 2013 · 13y ago
The situation is this. A multiple award IDIQ was awarded as a HUBZone set-aside. There was a pool of nine contractors on this IDIQ. We compete the orders among the awardees. We have been told that since some of the contractors are no longer HUBZone certified and therefore they can no longer be awarded a task order under this IDIQ. This has eliminated all but one of the awardees. It was my understanding that the size status only mattered when the initial award was made. My question is there a regulation or ruling that prohibits us from awarding a task order to a business whose status has changed, or is it a matter of not receiving credit toward awarding to a HUBZone?
- G
Guest Vern Edwards
Jan 29, 2013 · 13y ago
I do not know of any statute or anything in the FAR that makes a contractor ineligible to receive task orders under an IDIQ contract that was set aside for HUBZone small businesses if the contractor's status changes during the life of the contract. However, the agency may have put something in the contract making such a firm ineligible to receive further orders. Except for FAR 19.301-2, nothing in FAR requires redetermination of a firm's status prior to the issuance of a task order.
A change in the firm's status may affect the way that task orders are reported for the purposes of reporting small business awards. See FAR 19.301-2.
Why don't you ask the people who told you that firms may not receive orders after their status has changed to cite the statute or regulation on which they are relying?
- j
j_dude77
Jan 29, 2013 · 13y ago
Vern I appreciate the quick response. The person that told us this did not agree with the SBA decision. We did just receive a clarification on the matter. The question about task orders awards was put forward, but the response recieved was about new contract awards. It seems that the information was given to us in error from a helpdesk.