Transcript Contracting Activity Small Business Program Self

Joyce Thurmond
404/331-7587 ext. 205
[email protected]
Procurement Center Representative:
An Advocate, A Resource
Basis for
SBA Programs
• Small Business Act
– Implements Congressional Policy to aid,
counsel, assist & protect the interests of
small business concerns
– Goal of policy is to ensure that a fair
proportion of purchases, contracts &
subcontracts be placed with small
businesses
Small Business Contract
Assistance Programs
• Prime Contract Assistance
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Small business set-aside program
Procurement Preference Goaling
Size Determination Program
Waivers to the Non-Manufacturer Rule
Natural Resources Program
Certificate of Competency (COC)
• Subcontracting Assistance
PCRs
 Coordinate with
contracting activities
 Review acquisitions
 Recommend Set-asides
 Review Bundling Cases
 Review Solicitations
PCRs
• Help ensure a fair portion of purchases
go to Small Businesses of all types
– represent SBA at major buying activities
– review proposed acquisitions, including bundled
procurements
– recommend requirements to be set aside for
HUBZone, 8(a), SDB & SB firms
– advise agencies & SBs on SBA programs
– initiate secretarial appeals
Procurement
Programs
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Small business
Small disadvantaged business (SDB)
Women-owned small business (WOSB)
HUBZone small business
Veteran-owned small business (VOSB)
Service-disabled VOSB (SDVOSB)
What PCRs Do
 Perform Market
Research
 Provide Training
 Perform Surveillance
Reviews
 Interface with Others
 Perform Outreach
What PCRs Do
 Attend Training Events
 Promote SBA Programs
 Mediate SB Issues
 Monitor Public Notices
 Counsel small & large
businesses, Federal
Agencies
What PCRs See
 Small Business
Review Form
 Government Estimate
 J&A
 Statement of Work
 Acquisition Plan
 Market Survey
What PCRs See
 Procurement
Request
 Purchase History
 Synopses
 Source Selection
Criteria
 A-76 Information
What PCRs See
 Sensitive Information
 Set-aside appeals
 Certificate of
Competency Request
 Subcontracting Plans
 Bid Abstracts
What PCRs Hide
 Procurement Sensitive
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Proprietary Information
Source Selection Information
Prices
Subcontracting Plans
Classified drawings
“FOUO”
 Handling Congressional
Inquiries
What PCRs Share
General Information
“In the Public Domain”
 Forecasts
 Synopsis Notices
 Solicitations
Encourage Freedom of
Information Act
Requests
Size Determinations
IAW 13 CFR 121
Firm must:
• Meet size standard
for NAICS code
specified in
solicitation
• Self-certify size
status
• Be small at time of
self-certification
If Questioned, Protest
must be:
• Specific to a buy
• Received in a timely
manner
• Forwarded to Area
Director for formal
determination.
POC for Area 3: Mitchell Morand - 404-331-7587
Size Protests
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Copy of the Protest and all attachments.
Date Contracting Officer received the protest.
For IFB’s, the date bids were opened or for RFP’s, the date unsuccessful offerors were
notified of apparent successful offeror. The protest must be timely, specific, and not
premature. The protested company must be in line for award, or the successful
offeror. Otherwise, the protest is premature under 13 C.F.R. Part 121.1004 (e).
Contracting Officer’s name, address, phone number, FAX number, and e-mail address.
(If the protest is untimely, is the contracting officer protesting)?
Excerpts from the offer and/or solicitation, or supplemental information showing:
name, address, point of contact, phone and FAX numbers of protested offeror
protested offeror’s small business certification and date
solicitation number
NAICS code
size standard
small business set-aside statement
brief description of product or service
telephone and FAX numbers for all parties; K/O Protestor, and Protested
Company
Certificates
of Competency
When determined to be non-responsible, a small
business is entitled to independent review by
the SBA for the areas of:
Capability
Capacity
Integrity
Competency
Credit
Perseverance & Tenacity
Limitations on Subcontracting
Written referrals for firms located in
GA, AL, FL, MS, TN, KY, SC and NC must be sent to:
SBA Area Director; 233 Peachtree Street Suite 1805;
Atlanta, GA 30034.
For firms in other states, go to www.sba.gov/GC/
What are the time constraints
imposed on the COC program?
• The CFR allows SBA only 15 working days
to complete a COC determination from the
time an acceptable referral is received by
SBA. This time is broken up to six days
allowed the firm to submit its application
and the remaining nine days for the Area
Office to complete its investigation, submit
a report to the COC committee and provide
a response to the contracting officer.
What happens after an acceptable
referral has been received?
• After an acceptable referral has been received, the SBA
Area Office sends a COC application package to the small
business in question. This package includes a SBA Form
1531 “Application for COC”, an SBA Form 355
“application for Size Determination” and a request for
capacity and financial information from the firm. This
includes copies of current quotes from all suppliers and
subcontractors, facilities list, milestone chart , price build
up and copy of the firms quality manual as well as listing
of current and completed government contracts and their
status. Also required is a completed cash flow projection,
financial statements for the past three completed fiscal
years, balance sheet dated within the past 90 days, aging of
accounts receivables and payables.
What happens after the SBA
decision?
• The SBA decision to deny a COC to a small
business allows the contracting officer to proceed
to the next low offeror or bidder. The small
business cannot appeal denial of a COC as the
COC process is the government appeal process
provided to the firm. The GAO will not consider a
protest of the decision to deny a COC by SBA
unless SBA acted in an arbitrary and capricious
manner.
Regulatory
Compliance
Market Research:
Is research used to make
set-aside decisions?
Is it used to expand the
source list and thereby solicit
additional small businesses?
Are the results included in the
contract file or small business
coordination record?
Regulatory
Compliance
Publicizing Acquisitions:
Use of FedBizOpps.
Timing of synopses and length
of time to respond.
Availability of copies to small
businesses.
Use of electronic means to post
opportunities.
Regulatory
Compliance
Encouraging Participation:
Solicitations contain reasonably
small lots to allow SBs to offer;
Buys are restructured when
possible to encourage SBs;
Multi-award scenarios consider
one to 8(a), one to HUBZone, etc.
Delivery schedules are
reasonable.
Regulatory
Compliance
Bundling Issues
Did the PCR have 30 days
to review and comment?
Was market research
conducted and considered?
What efforts were made to
mitigate adverse impact on
SBs?
Are evaluation factors &
sub-factors included to
reduce adverse impact?
Is bundling justified?
Are benefits documented?
Are personnel trained in
bundling issues?
Required Clauses
 Representations &
Certifications
 Set-asides
 Subcontracting
Limitations
 Utilization of SBs
 Subcontracting Plan
 Liquidated Damages –
Subcontracting
 8(a) contract conditions
 8(a) special conditions
 Reps for Comp Demo
Program (DOD)
 SDB Price Evaluation
Preference
 SDB Participation
 HUBZone Price
Evaluation Preference
 Equal Low Bids
Subcontracting Plans
 Plans are required, submitted,
negotiated, reviewed by SBS &
PCR, approved, incorporated
into the contract, distributed to
the cognizant CAO & SBA Area
Office.
 “No opportunities”
determinations are documented
and approved.
 Low and zero goals are challenged.
 SDB goals less than 5% are challenged.
Subcontracting Plans
 Large businesses commit to
using SUB-Net and SAM tools
to publicize opportunities and
identify sources.
 Compliance with past plans is
considered.
 Approved plans are monitored
for future compliance.
Subcontracting Plans
 Commercial plans are renewed
annually;
 Comprehensive plans are
renewed annually;
 Liquidated damages or contract
termination are considered for
non-compliance with plans;
 Plans are revised when mods
exceed $500,000;
 Training & workshops are
presented to acquisition
personnel.