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Agencies need not recertify small business status at task order level

November 23, 2015 By Andrew Smith

On October 8, 2015, GAO upheld a $46.5 million IT task order awarded to OBXtek, Inc., finding that the U.S. Department of the Air Force was not required to recertify the contractor as a qualifying small business because OBXtek had small business status on the date of its proposal submittal.

With an estimated value of $46.5 million, this task order is well in excess of the $10 million threshold for GAO to hear protests related to the issuance of task orders under indefinite-delivery/indefinite-quantity contracts. See 10 U.S.C. § 2304c(e)(1)(B); 41 U.S.C. § 4106(f)(1).

OBXtek was listed in the System for Award Management (SAM) as a small business when it submitted its proposal for the task order  on December 19, 2014, but in February 2015, it changed its status in SAM to “other than small.” This change came after OBXtek had properly qualified under the Alliant government-wide acquisition contract, a service-disabled, veteran-owned small business (SDVOSB) indefinite-delivery/indefinite-quantity contract from the General Services Administration.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=441210

Filed Under: Contracting Tips Tagged With: Air Force, GAO, protest, recertification, SAM, SBA, SDVOSB, small business, task order

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