The other week I was talking to a client, and they mentioned how a contracting officer was requiring they add an acquisition’s NAICS code to their SAM.gov profile before they would share the SOW for a tentative sole source requirement to another company. Of course, being the diligent contractor, they proceeded to make the necessary updates as directed, but this delayed the client’s access to the material, and the update should never have been required. While having the applicable NAICS in a company’s profiles can make the contracting officer’s job a little bit easier, it is not required as recently reaffirmed by GAO (B-423730). A company is only required to “represent in good faith… that it meets the small business size standard corresponding to the NAICS code identified in the solicitation” and this representation should be accepted by the contracting officer unless a challenge is received or the situation warrants further review (FAR 19.301-1). Furthermore, the representation is only required to be made in writing at the time of proposal submission and is accomplished via provision 52.219-1, Small Business Program Representations; nowhere does the FAR require the NAICS code to be listed in SAM.gov.
With that said, I do recommend companies take some time at the beginning of each year to review their SAM.gov profile for currency and make updates to include NAICS codes for which they anticipate seeking federal work. This is an easy way for companies to make themselves known to contracting officers early in the acquisition process before the posting of any sources sought or request for information. As a contracting officer I often generated a list of small businesses for an assigned NAICS at the outset of market research, and this helped shape planning discussions with customers. In addition, it is a simple means of avoiding needless challenges at time of award. Had this approach been taken in the GAO case referenced above and others like it, an unwarranted protest could have been avoided.
From a contracting officer’s perspective, the best proposals are the ones in which every “T” is crossed and “i” is dotted as it makes for a cleaner evaluation and contract file. Therefore, take the moment to update your SAM.gov profile for future opportunities, but, in the off chance you are challenged at some point for not having the “right” NAICS listed, you now know where to look in the FAR when engaging the contracting officer and, if in doubt, reach out to Skyway… that’s why we are here!
