As many of you are probably aware, on February 10, 2012 the Small Business Administration (SBA) issued a Final Rule increasing 37 small business size standards for 34 industries and three sub-industries in North American Industry Classification System (NAICS) Sector 54 Professional, Technical, and Scientific Services. SBA is retaining the current standards for the remaining industries in NAICS Sector 54. The “new” size standards have an effective date of March 12, 2012.
Contractors whose Schedule contracts are assigned one of these updated NAICS codes can take the below action.
Contractors currently listed as a small business under the Schedule contract:
Since you are already small under the contract and your size status would not change due to the increased size standards, there is no reason for you to rerepresent at this time.
Contractors currently listed as other than small business under the Schedule contract:
You can only rerepresent under the following conditions:
1) Within 30 days of a novation agreement; or
2) Within 30 days after a merger or acquisition; or
3) Within 60 to 120 days prior to the exercise of an option.
AND
You now qualify as a small business under the updated size standards. [See FAR 19.301-3]
In the meantime, the Schedules that include the affected NAICS codes will begin the process of refreshing their solicitations to reflect the updated size standards. Once the solicitations are refreshed, existing contracts will be modified through the Mass Modification process to reflect the updated size standards. Rerepresentation mods do not have to wait for the solicitation refresh or Mass Modification in order to be processed. This is because the FAR requires contractors to rerepresent their size in accordance with the size standard that corresponds to the NAICS code assigned to the contract in effect at time of representation and not the size standard listed in the contract.
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