If a NAICS code and a size standard are included on a task order solicitation, should the industry partner assume that they must re-represent their status?
Pursuant to case law, the ordering contracting officer has the discretion to require a re-representation of the prime contractor’s size status as a condition of order award on a long-term contract such as the STARS GWAC. STARS GWAC primes encountering a NAICS code and size standard in a task order solicitation should look to determine if the ordering contracting officer was clear about their intention for including the NAICS code and size standard. It is commonplace for a NAICS code and size standard to be listed, and that doesn’t explicitly indicate that an order level size re-representation is a solicitation requirement. In our view, if an OCO intends to require an order level size re-representation as a condition of order award, they should explicitly make that assertion in the task order solicitation. When in doubt, proactively approach the ordering contracting officer early in the solicitation period and inquire. Ordering contracting officers are invited to visit with the STARS GW
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