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Procurement Center Procurement Center Representative: Representative:

An Advocate, A Resource

Carol L. ThompsonArea III DirectorOffice of Government U.S. Small Business Administration carol.thompson@sba.gov

Small Business Goals

Small Business – 23% Small Disadvantaged Business - 5% Women-Owned Small Business - 5% HUBZone Small Business - 3% Service-Disabled Veteran-Owned Small

Business - 3%

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Small Business Goals

The U.S. Government buys over $400 billion every year

In FY 2012, 22.25% or $89.9 billion in federal contracting dollars went to small businessAgencies more than ever before reached or

surpassed their prime contracting goalsThe service-disabled veterans goal was

exceeded for the first timeSDB contracts were the highest ever

Minority Contracting

SBA has supported more than $132.61 billion in Federal government contracting dollars to SDBs

During FY12, the federal government exceeded its 5% goal and achieved 8%

SBA recently launched a strategic HUBZone and 8(a)BD Program recruitment initiative aimed at engaging thousand of small businesses from diverse, underserved communities.

Structure of SBA

Office of Government Contracting & Business Development

The mission is to help enhance the effectiveness of small business programs by working with Government Contracting and Business Development program offices and others to develop policies, regulations, and statutory changes.

Area Offices

Area III – AL, FL, GA, KY, MS, NC, SC, TN

GC programs include: Prime Contracting Program…PCRs Subcontracting Program…CMRs Certificate of Competency (CoC) Size Determination Program

Procurement Center Representatives

SBA Procurement Analysts…GS 1102s…Civil Servants

Located at major acquisition activities Additional installation/agency coverage Types of PCRs

Traditional Virtual Comb - perform duties of a CMR, COC, Size

Coordinate with contracting activities Review acquisitions and recommend set-asides Review bundling cases Review solicitations Support 8(a) business development

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What PCRs Do

Perform market research Provide training Perform surveillance reviews Interface with others Perform outreach

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What PCRs Do

Attend training events Promote SBA programs Mediate SB issues Monitor public notices Counsel small & ‘other than small’ businesses,

federal agencies

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What PCRs Do

What PCRs See

Small business review form Government estimate Sole source justifications (J&A) Statement of work Acquisition plan Market research

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What PCRs See

Procurement requests Purchase history Synopses Source selection criteria A-76 information

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What PCRs See

Sensitive information Set-aside appeals Certificate of Competency request Subcontracting plans Bid abstracts

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What PCRs Protect

Procurement sensitive Proprietary information Source selection information Prices Subcontracting plans Classified drawings For Official Use Only - “FOUO”

Handling Congressional Inquiries

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What PCRs Share

General Information “In the Public Domain”

Forecasts FedBizOpps Synopses Solicitations

Encourage Freedom of Information Act Requests

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PCRs and Appeals

An appeal is a 3 step appellant process: PCR issues a Form 70, “SBA Recommendation” to

contracting officer (CO) If CO denies, writes a letter of appeal to the Head of the

Contracting Activity (HCA) If HCA denies, PCR forwards to SBA HQ SBA Administrator appeals to the Agency Secretary or

Administrator

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FAR Part 19.505

Size Determinations

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.

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Size Determination Specialists are located at SBA Area Offices

Size Protests

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 an independent review by the SBA.

Written referrals must be sent to theSBA Area Office responsible for

the geographic location of the small business.

http://www.sba.gov/content/government-contracting-field-staff-directory

Capacity, Credit, Capability, Competency, Integrity, Perseverance & Tenacity,

Limitations on Subcontracting.

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.

What happens after the SBA decision?

Decisions to issue a COC cannot be appealed by the contracting officer if the value of the procurement is $100,000 or less.

If the value of the procurement exceeds $100,000, the contracting officer may :

Accept issuance of the COC and award the contract to the certified firm.

Ask that the case be suspended pending receipt of a rationale by the SBA

For the issuance decision. Ask that the case be suspended pending receipt by SBA of

additional Information which SBA may not have considered. Suspend action pending appeal of the decision to SBA

Headquarters.

Determining the Need for a Subcontracting Plan

Dollar Threshold: contract or contract mod is expected to exceed

$650,000 ($1,500,000 for construction)

Subcontracting possibilities: contract appears to offer subcontracting possibilities

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SubcontractingAssistance

Subcontracting plans are not required:

From small business concerns For personal services contracts For contracts or mods that will be performed

entirely outside of the U.S. For contracts that do not contain 52.219-8

(e.g., contracts awarded prior to PL 95-507)

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SubcontractingAssistance

SBA’s Role in Subcontracting

Pre-Award Subcontracting Plan Reviews

SBA’s PCRs review subcontracting plans prior to contract award (advisory)

Post-Award Compliance Reviews

SBA’s CMRs monitor goal achievement after contract award

SubcontractingAssistance

What SBA Can and Cannot Do

SBA Can: Conduct compliance reviews and SOARS (Subcontracting

Orientation and Assistance Reviews)

SBA Cannot: Prescribe the amount of subcontracting Require the prime contractor to use a particular small

business

SubcontractingAssistance

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Ultimate Goal – aid, Ultimate Goal – aid, counsel and assist small counsel and assist small

businessesbusinesses