Transcript TRIAD Small Business Briefing Annual Spring Meeting Sheraton Hotel Arlington, VA Dean Koppel, Assistant Director Office of Policy and Research, U.S.

TRIAD Small Business
Briefing
Annual Spring Meeting
Sheraton Hotel
Arlington, VA
Dean Koppel, Assistant Director
Office of Policy and Research, U.S. SBA
FAR Small Business Program
“Parity”
• Proposed Rule
• Socioeconomic Program Parity
• Federal Register: March 10, 2008 (Volume 73,
Number47) Pages 12699-12701
• Comments due on or before May 9, 2008
FAR Small Business Program
“Parity”
• What the FAR Rule does:
• It adds discretion to the decision making process for setasides .
• It brings the FAR into alignment with SBA's 2005
Regulations
• Requires Market Research to identify capable HubZone,
8(a), Service Disabled Vet and small businesses
• Gives KO's discretion in selecting appropriate program
where Market Research identifies capable HZ, 8(a) and
SDVets
FAR Small Business “Parity”
• Requires KO to consider a set-aside for HZ, 8(a) or
SDVet small businesses before doing a small business
set-aside
• Requires the KO to set-aside for HZ if set-aside decision
comes down to HZ or Small Business set-aside, IAW
statute.
• One Tool an Agency can use to help meet its Small
Business Goals
• What the FAR Rule does not do:
• It does not relieve the contracting officer from conducting
a set-aside where the "rule of two" is met.
FAR Small Business “Parity”
• It does not prevent the contracting officer form
conducting "sole source" procurements IAW FAR
• Changes will enhance participation for small businesses
eligible to participate in each of the set-aside programs.
• Gives agencies the discretion to select a program that
will enable them to better meet their federally mandated
small business goals
SBA Size Recertification Rule
• In 2003 SBA issued a proposed rule to require recertification on an annual basis, BUT requested
comments on requiring re-certification on an order-byorder basis or every five-years
• Proposed rule appeared to apply to all multiple award
contracts (MACs, GWACs, MAS), not just long-term
contracts
• SBA received several hundreds of comments
• SBA had extensive consultations with DoD, GSA, and
OFPP
SBA Size Recertificaion Rule
• Published: November 15, 2006 (71 Fed. Reg. 66434)
• Effective Date: June 30, 2007 – Delay Necessary to:
– Enable FAR provisions and clauses to be drafted
and inserted into solicitations and contracts
– Mod FPDS to allow size status to be changed on a
going-forward basis (without altering past data)
• Rule is retroactive for ALL contracts where there is
an acquisition, merger or novation
• Short term contract will be modified to collect data at
contract option
SBA Size Recertification Rule
• Rule applies to contracts with durations greater than five (5) years to
collect size changes for growth
• Re-certification required prior to the beginning of 6th year, and prior
to the exercise of EACH option thereafter - agencies use size
standard in effect at time of option
• No requirement to terminate contracts, or prohibition on exercising
options where size status changes
• No requirement to change terms and conditions of contract, i.e.,
limitations on subcontracting, subcontracting plan, etc.
• Applies to existing contracts and solicitations
SBA Size Recertification Rule
• Re-certification required in case of novation, acquisition
or merger - APPLIES TO ALL CONTRACTS
– Currently, re-certification is required for novation and change-ofname agreements
– Acquisition/merger not defined – will rely on affiliation rules
• NAICS code/size standard for CONTRACT required for
all orders & solicitations for orders
Contracting officers have discretion to request size
certifications in connection with solicitations for orders
• No requirement to re-certify for subcontracting purposes
SBA Women-Owned Small
Business Proposed Rule
Federal Register, December 28, 2007
(follow-up proposed rule from June 06, not final rule)
 Rand Study; SBA selected methodology; found WOSB
under-represented in four areas; proposing set-asides
for economically disadvantaged WOSBs in those areas.
(www.rand.org/pubs/technical_reports/TR442)
 Applies up to $3 million ($5 million for manufacturing)
 Before making a Economically Disadvantaged WOSBSet-Aside, contracting agency must also determine there
is evidence of discrimination in that industry area.
SBA Women-Owned Small
Business Proposed Rule
NAICS 9281 - National Security and International Affairs
NAICS 3328 - Coating, Engraving, Heat Treating, & Allied
Activities
NAICS 3371 - Household and Institutional Furniture &
Kitchen Cabinet Manufacturing
NAICS 4412 - Other Motor Vehicle Dealers
To comply with Dept. of Justice , SBA proposed that the
contracting agency make a determination that the setaside is related to sex discrimination in the industry area.
Comments closed March 31, 2008