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    What takes priority, the MOBIS schedule that they were awarded which they are a overall small business or the NAICS code saying that for that concern they are large?


    Answer

    If you are awarding an order under a GSA MOBIS contract schedule then you follow requirements in FAR 8.4.  If you are doing a small business set-aside, then the business must be small in MOBIS in the NAICS code you are using not in SAM. 

    From the GSA eLibrary (http://www.gsaelibrary.gsa.gov/ElibMain/BIAction.do) "The business indicators displayed on GSA Advantage, eLibrary, and e-Buy, identify the socio-economic status of the contractor at the time of contract award, thus they are part of the original contract. These indicators will remain unchanged in these systems, even if the contractor's status changes during the life of the contract. Updates to a contractor's socio-economic status on the Central Contractor Registration (CCR) do not update these systems." 

    Even though SAM has overtaken the CCR, the meaning remains that you identify the company as small or not by what they are listed in their MOBIS contract schedule.  This is in accordance with the FAR.  See FAR 8.405-5 excerpted below

    FAR 8.405-5 states, "(b) Orders placed against schedule contracts may be credited toward the ordering activity's small business goals. For purposes of reporting an order placed with a small business schedule contractor, an ordering agency may only take credit if the awardee meets a size standard that corresponds to the work performed. Ordering activities should rely on the small business representations made by schedule contractors at the contract level. (c) Ordering activities may consider socio-economic status when identifying contractor(s) for consideration or competition for award of an order or BPA. At a minimum, ordering activities should consider, if available, at least one small business, veteran-owned small business, service disabled veteran-owned small business, HUBZone small business, women-owned small business, or small disadvantaged business schedule contractor(s). GSA Advantage! and Schedules e-Library at http://www.gsa.gov/fas contain information on the small business representations of Schedule contractors."



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