SRD Architects

B-412498 Feb 26, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SRD Architects, a small business located in Anaheim, California, challenges the selection for negotiations of AGS, Inc., a small business located in San Francisco, California, pursuant to solicitation/synopsis No. N62473-15-R-2417, issued by the Naval Facilities Engineering Command Southwest, Capital Improvements Contract Core, for architectural design and engineering services. The protester argues that the agency should have found AGS ineligible for award because at the time AGS submitted its qualifications statement, AGS had a different primary North American Industry Classification System (NAICS) code than the code required by the solicitation. We deny the protest. We deny the protest. View Decision Decision Matter of:  SRD Architects File:  B-412498 Date:  February 25, 2016 Shirish R. Desai for the protester. Paul Clay, Esq., and Katie Slayton, Esq., Department of the Navy, for the agency. K. Nicole Willems, Esq., and Jennifer Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that firm should be ineligible for award because its System for Acquisition Management record did not list, as its primary code, the North American Industry Classification System (NAICS) code required by the solicitation at the time proposals were submitted is denied where the record shows that the contracting officer reasonably relied on other information to find that the awardee met the applicable size standard, and the firm obtained an official change to its primary NAICS code prior to award. DECISION SRD Architects, a small business located in Anaheim, California, challenges the selection for negotiations of AGS, Inc., a small business located in San Francisco, California, pursuant to solicitation/synopsis No. N62473-15-R-2417, issued by the Naval Facilities Engineering Command Southwest, Capital Improvements Contract Core, for architectural design and engineering services.  The protester argues that the agency should have found AGS ineligible for award because at the time AGS submitted its qualifications statement, AGS had a different primary North American Industry Classification System (NAICS) code than the code required by the solicitation. We deny the protest. BACKGROUND The procurement was conducted using the selection procedures set forth in Federal Acquisition Regulation (FAR) Subpart 36.6 (Architect-Engineer Services).  In accordance with these procedures, on March 26, 2015, the agency announced the subject A/E requirements and invited capable firms to submit Standard Form (SF) 330, “Architect-Engineer Qualifications” statements--referred to hereinafter as proposals.  The solicitation provided that the procurement was a section 8(a) small business set-aside under NAICS code 541310, architectural services, which is connected with a size standard of $7.5 million.  RFP at 1; Agency Report (AR) at 2.  The solicitation contemplated the award of a fixed-price, indefinite‑delivery, indefinite-quantity contract for architectural design and engineering services for renovation/repair or new construction of small scale buildings and facilities at various military installations in the Naval Facilities Engineering Command Southwest area of responsibility.  Regarding the NAICS code for this procurement, the solicitation established that the prime firm “shall be an [a]rchitectural firm with primary NAICS code of 541310 ([a]rchitectural services);” however, offerors were not instructed to provide verification of their primary NAICS codes in their proposals.[1]   After proposals were submitted, the contract specialist queried the System for Award Management (SAM) in order to verify AGS’ primary NAICS code.  Searches executed by the contract specialist on June 16 and July 20 revealed that the primary NAICS code assigned to AGS was 541330 (engineering services), which was not the code required for the solicitation.  In both instances, however, AGS’ profile also listed the required code, 541310 (architectural services).  AR, Tab 9, AGS’ SAM Profile as of June 16, 2015, at 3; AR, Tab 10, AGS’ SAM Profile as of July 20, 2015, at 3.  A third search completed on August 26 indicated that AGS’ primary NAICS code had been changed to the correct code for the procurement--541310 (architectural services).  AR, Tab 11, AGS’ SAM Profile as of August 26, at 3.  In addition to reviewing information in SAM, the agency sought confirmation of AGS’ eligibility from the small business administration (SBA).  On September 8, the SBA informed the agency that: “[t]he firm, AGS, Inc. is an 8(a) firm, is current with its reporting requirements, and is eligible for award.  The firm is capable and qualified to perform on the award.”  AR, Tab 15, SBA email, Sept.