#### February 4, 2005

### AGAR ADVISORY

##### UNITED STATES DEPARTMENT OF AGRICULTURE

##### OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

**AGAR ADVISORY NO. 74**

**AGAR Provision - North American Industry Classification**

**System (NAICS) Code and Small Business Size Standard**

**INTRODUCTION**: The purpose of this Agriculture Acquisition Regulation
(AGAR) Advisory is to provide interim guidance for specifying the
applicable NAICS Code and Small Business Size Standard in solicitations.

**SUMMARY:** Federal Acquisition Circular 2001-26 implemented Federal
Acquisition Regulation (FAR) Case 2002-024, Electronic Representations
and Certifications. A solicitation provision to specify the applicable
NAICS and size standard was inadvertently omitted. The interim AGAR
provision specified herein shall be used until the FAR is amended.

**SPECIFIC ISSUES:**

[Background]{.underline}

####### FAR Subpart 4.12, incorporated into the FAR by FAC 2001-26, establishes policies and procedures for requiring prospective contractors to submit Annual Representations and Certifications via the Online Representations and Certifications Application (ORCA), a part of the Business Process Network (BPN).

-   Based on FAR 4.1202, when FAR clause 52.204-7, Central Contractor
    Registration, is included in a solicitation, then certain specified
    representations and certifications, including FAR 52.219-1, Small
    Business Program Representations (Basic & Alternate I) are not to be
    included in the solicitation.

-   For offerors to whom the ORCA registration applies, provisions such
    as 52.219-1 are not to be included in the solicitation as these
    representations and certifications should already be available
    online in ORCA.

-   However, FAR 52.219-1, subparagraph (a) that includes the
    designation of applicable NAICS code and small business size
    standard, was inadvertently also excluded, and no replacement
    clause/provision provided.

-   This omission does not affect commercial item acquisitions under FAR
    Part 12 as FAR 52.212-1 notifies offerors that the applicable NAICS
    code and small business size standard is designated in Block 10 of
    the solicitation cover sheet (SF 1449).

[Action]{.underline}

Pursuant to AGAR 419.508, the contracting officer shall insert the
following provision 452.219-70 (January 2005), in solicitations that are
set aside for small businesses, but for which FAR 4.1202 has directed
that FAR 52.219-1 not be included in the solicitation.

**SIZE STANDARD AND NAICS**

**CODE INFORMATION (JANUARY 2005)**

> The North American Industrial classification System Code(s) and
> business
>
> size standard(s) describing the products and/or services to be
> acquired
>
> under this solicitation are listed below:
>
> Contract line item(s): [\*]{.underline}

\--NAICS Code [\*]{.underline}

> \--Size Standard [\*]{.underline}
>
> The small business size standard for a concern which submits an offer
> in
>
> its own name, other than on a construction or service contract, but
> which
>
> proposes to furnish a product which it did not itself manufacture, is
>
> 500 employees.
>
> \*[Contracting Officer shall fill in the blanks with appropriate
> information for the contract line items in the solicitation. If needed
> the lines may be duplicated as required to describe all contract line
> items or sub-line items]{.underline}.

####### If you have questions about this advisory, please contact Pat Honda by telephone at 

\(202\) 720-8924, by fax at (202) 720-8972, or by email to
<pat.honda@usda.gov>. This advisory is available on the USDA homepage at
<http://www.usda.gov/procurement/policy/advisories.html>*.*

**EXPIRATION DATE**: Effective until FAR coverage issued.

**\[END\]**