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Questions and Answers on Government Contracts

 

1. Scenario:  A competitive solicitation is released as a small-business set-aside, specifically as a Woman-Owned Small Business (WOSB).  The Government does not receive any proposals. Question:  Will the solicitation be released as full and open?

Answer:  Yes, if the Government has done the required market research and based on this market research shows that the Government should expect to receive at least two offers from WOSBs, the solicitation would be released as "Full and Open".  This also assumes that the requirements did not change from the initial Market Research.

2.  Scenario: A competitive solicitation is released and the Government receives one response.  Question:  Can the contract be awarded?

Answer:  Yes, if the Government had a reasonable expectation that at least two proposals would be received and the price is deemed fair and reasonable.

3.  Scenario:  Our company received a contract award as a small business set-aside?  We may no longer be a small business next year. Question:  When do we have to re-certify as a small-business?   

Answer:  The company size standard is determined at the time the proposal is submitted.  It will not have to be re-certified unless it is a long-term contract (more than five years).  If it is a long-term contract, it would need to be recertified prior to the beginning of the sixth year.  

 
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Tim Sinclair
Tim Sinclair
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(843) 577-5843
tsinclair@websterrogers.com
40 Calhoun Street, Suite 320
Charleston, SC 29401
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