Sign In
  • Question

    1. Whether companies outside the USA can apply for this solicitation? I personally believe the company must be from the US since it is set aside for total small business but I was unable to find a regulation that supported my belief. 2. Can we perform the task (related to the RFQ) outside the USA? I am stumped on this question but if I had to guess I would say this contract needs to be performed in the USA because of the Service Contract Act. I was unable to find an answer in my research. When the answers are provided for the questions above can you please also provide the regulation supporting your answer?


    Answer

    1.  A company has to be located in the US to be considered in a small business set-aside.  See FAR 19.001 for the definition of a concern.  It states, " “Concern” means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. “Concern” includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas." 

    See also 19.5 (a), "(a) The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns..."

    See also 13 CFR 121.105, https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=7780ee089107f59ef3f78b938e2282b7&r=PART&n=13y1.0.1.1.17#se13.1.121_1201, for how the SBA defines "business concern or concern".

    2.  FAR 19.000 (b) states, "This part, except of for Subpart 19.6, applies only in the United States or its outlying areas.  Subpart 19.6 applies worldwide."

    You can also speak with your Small Business Professional or SBA Procurement Center Representative to get more specific information on your requirement.

    Open full Question Details