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  • Question

    Does an owner of a firm verified in CVE as a SDVOSB holding the A/E NAICS being used have to follow a States rules governing who can own a A/E firm? Can they be disqualified from the evaluation as they don't follow State rules IAW FAR 36.601-4? How can SDVOSB acting as a consulting firm get a contract? How can a SOW be altered without being too restrictive to avoid consulting firms and attracting and awarding to a true certified A/E firm meeting State guidelines Given the information researched it is still unclear as to whether or not regulations over ride State law given FAR 36 and how it is written OR if a Certificate of Authorization MUST STATE it is to Provide Engineering or Land Surveying Services in New York State from the State Education Department and if it does not than the firm can not be evaluated.


    Answer

    FAR 36.601-4(b) says: “Contracting officers may award contracts for architect-engineer services to any firm permitted by law to practice the professions of architecture or engineering.”

    Therefore, it would seem that in order to be awarded a contract for architect-engineering services, a firm would have to be licensed and certified by the state and hold the appropriate North American Industry Classification System (NAICS) code.   Your statement of work (SOW) should clearly state the requirement for performing the actual architect-engineering services as opposed to consulting services. 

     
    Obviously you have a complex matter that requires the interpretation of the regulations, which are codified in federal and state law.  Therefore, we recommend that you resolve this with your legal counsel, as this is beyond the scope of our area of advice. 

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