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U.S. Small Business Administration North Carolina District Office 6302 Fairview Road, Suite 300 Charlotte, NC 28210-222

U.S. Small Business Administration North Carolina District Office 6302 Fairview Road, Suite 300 Charlotte, NC 28210-2227 Government Contracting Division (704) 344-6590 1-800-827-5722 3/2006. FEDERAL CONTRACTING OPPORTUNITIES. FIRST SESSION (CaSandra Smith-Gatlin)

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U.S. Small Business Administration North Carolina District Office 6302 Fairview Road, Suite 300 Charlotte, NC 28210-222

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  1. U.S. Small Business Administration North Carolina District Office 6302 Fairview Road, Suite 300 Charlotte, NC 28210-2227 Government Contracting Division (704) 344-6590 1-800-827-5722 3/2006

  2. FEDERAL CONTRACTING OPPORTUNITIES FIRST SESSION (CaSandra Smith-Gatlin) • 8(a) Business Development Program • Small Disadvantaged Business Program • Surety Bond Program (Contract Support) SECOND SESSION (Theresa Singleton) • HUBZone Empowerment Program • Woman-owned business • Veteran-owned business

  3. SIZE STANDARDSwww.sba.gov/size/ North American Industry Classification System (NAICS) Region IV Size Standard Specialist (404) 331-7587 (GENERAL EXAMPLES – MUST BE LOWER THAN) • Manufacturers: 500 Employees* • Wholesalers: 100 Employees* • Retail Trade: $ 6 million ** • Business & Personal Services: $6 million** • Agriculture: $750,000** • General & Heavy Construction $28.5 million** • Dredging: $17 million** • Special Trade: $12 million** *Based on average over previous 12 months **Based on average over previous 3 fiscal year

  4. SOCIALLY DISADVANTAGED13 CFR 124.103 • Racial or ethnic prejudice • Cultural bias • Presumption on the following groups: African American, Asian Pacific American, Hispanic American (includes individuals of Spanish & Portuguese descent),Native American, & Subcontinent Asian American • Proof of disadvantage status for non-designated groups: • Objective feature - color, ethnic origin, gender, physical handicap or geographic environment - personal experiences only in America • Personal Experience • Experiences in American Society • Substantial and chronic (quality and quantity) • Negative Impact (entry & advancement in business world) • SBA considers education, employment and business history, where applicable in each case

  5. SOCIALLY DISADVANTAGED13 CFR 124.103 TYPES OF EVIDENCE • Court/Administrative Findings of Discrimination • Affidavits/Statements sworn under oath • Documentary evidence supporting assertions including: • Personnel records • Payroll records • Rejection letters on job applications • Denials of credit application • Documents relating to rejected contract offers • Records memorializing meetings, conversations, etc. • Documents setting forth discriminating policy(ies) • Evidence showing generalized patterns against non-designated group

  6. ECONOMIC DISADVANTAGED13 CFR 124.104 After excluding the individual’s equity in the firm and equity in the primary residence, net worth may not exceed $250,000 NET WORTH less equity in primary residence less equity in business equals adjusted net worth • Individual’s average two-year income • Fair market value of all assets • Access to credit and capital • Financial condition of the applicant firm • Assets transferred to immediate family for less than market value (within two years) Exclusions: Transfers for Education, medical expenses, certain forms of essential support and special occasions (birthdays, graduations, anniversaries, and retirements)

  7. 8(a) BUSINESS DEVELOPMENTwww.sba.gov/8abd/

  8. 8(a) BUSINESS DEVELOPMENTwww.sba.gov/8abd/ • Nine (9) Years • U.S. Citizen or: Indian Tribe, Alaskan Native Corporation or Native Hawaiian Origin • Good character • Potential for Success • Small business www.sba.gov/size/ • At least 51% owned and controlled by Socially and Economically Disadvantaged individual(s)

  9. 8(a) BUSINESS DEVELOPMENTBENEFITS • Special Government Contracting Opportunity (Sole Source) • Mentor/Protégé Agreement • Joint Venture Agreement • Exclusive Training Opportunities (7j) • Business Development Specialist (BDS) • SDB certified (automatically)

  10. POTENTIAL FOR SUCCESS • Financial Capability • Managerial and technical capability • Qualified to perform on federal contracts • Proof of two years operation (tax returns)

  11. TWO-YEAR WAIVER RULE FOR:13 CFR 124.107 • Substantial demonstration of business management experience • Demonstrated technical expertise to carry out business plan • Adequate capital • Record of successful performance on contracts • Ability to obtain the personnel, facilities, equipment, and any other requirements to perform on contracts

  12. 8(a) CERTIFICATION – ONLINEwww.sba.gov/8abd • Central Contracting Registration (CCR) www.ccr.gov • “Start a New Registration” • DUNS Number 1-866-705-5711 • DUNS Number (www.dnb.com) • Include your email address and references • Must update every 18 months • 24-72 hour wait before application process • General Log-in System (GLS) • “Register for an Account” • Authorization Form • Download, Sign, and Send to: San Francisco DPCE 455 Market Street, 6th Floor San Francisco, CA 94105 (415) 744-0328

  13. 8(a) CERTIFICATION – OnlineContinued • Log into 8(a)/SDB Application • Complete Application • Submit duplicate copies of all documentation • DPCE reviews application for completeness & advises firm of deficiencies within 15 days • Applicant must respond to any deficiencies within 15 days • SBA will normally make a decision within 90 days • If declined, applicant has 45 days to request reconsideration • If declined, applicant must wait 12 months

  14. SMALL DISADVANTAGED BUSINESS PROGRAM

  15. SMALL DISADVANTAGED BUSINESSwww.sba.gov/sdb/ • Small business www.sba.gov/size/ • At least 51% owned and controlled Socially and Economically Disadvantaged • Personal Net Worth can not exceed $750,000 • U.S. Citizen or: Indian Tribe, Alaskan Native Corporation or Native Hawaiian Origin

  16. SMALL DISADVANTAGED BUS. BENEFITS • Office of Small and Disadvantaged Business Utilization (SADBU) www.osdbu.gov/ • 5% Goal (procuring agencies & prime contractors) • Price Evaluation Adjustment (PEA) (Up to 10%) Optional Form 312 • Subcontracting Incentives Optional Form 312

  17. SMALL DISADVANTAGED BUSINESSOnline – www.sba.gov/sdb • Submit duplicate copies of all documentation including initial application and for SDB recertification • Online Application Process – Same as 8(a) Application Process • Authorization Form • Download, Sign, and Send to: Office of Small Disadvantaged Business Certification and Eligibility 409 3rd Street, SW, 8th Floor Washington, DC 20416 (202) 619-1850 or SDB@sba.gov

  18. AFTER YOU SUBMIT THE APPLICATION • OSDBCE reviews application for completeness & advises firm of deficiencies within 15 days • Incomplete applications are returned • OSDBCE will make a decision within 75 days

  19. SMALL DISADVANTAGED BUSINESS (RE-CERTIFICATION) • Re-certification is required every three (3) years if not 8(a) Certified. • All applications for re-certification must include: • SBA Form 1010 - 8(a) and SDB Application • SBA Form 413 - Personal Financial Statement • 2 years personal tax returns • 3 years business tax returns • Updated business financials, and • Statement that no change of ownership has occurred since the original application was filed. However, if there has been a change of ownership, then the applicant must submit a new application.

  20. SURETY BOND PROGRAMhttp://www.sba.gov/financing/bonds/whatis.html

  21. WHAT IS AN SBA SURETY GUARANTEE? • An agreement between a surety company and the SBA. • SBA assumes a predetermined percentage of loss should the contractor breach terms of the contract. • Guarantee strengthens small contractor’s ability to compete within the free enterprise system.

  22. SURETY BOND PROGRAM • Guarantee bid, performance and payment bonds for contracts up to $2.0 million for eligible small contractors. • Guarantees surety companies against a percentage of losses sustained as a result of a contractor’s default on a guaranteed bid, payment or performance bond.

  23. TYPES OF BONDS • Bid – Guarantees bidder will enter into & furnish required payment and performance bonds. • Payment – Guarantees payment from the contractor to furnish labor, materials, equipment and/or supplies for performance on contract. • Performance – Guarantees contractor will perform in accordance with its terms. • Ancillary- Bonds that are incidental and essential to the performance of the contract.

  24. HOW TO OBTAIN A BOND • Small business meeting the Surety’s bonding qualifications. • Construction/Service contractors can meet SBA’s size standards if average annual receipts do not exceed $6 million. • Must complete: • SBA Form 994 “Application for Surety Bond Guarantee Assistance” • SBA 912 “Statement of Personal History” • SBA 994F “Schedule of Uncompleted Work on Hand” • SBA 1624 “Certification Regarding Debarment and Suspension” • A Contractor must: • Find a participating agent; • Provide the agent with credit, capacity, and character information. • A Surety Bond Agent will: • Evaluate the contractor’s information and decide if the SBA guarantee is needed; • Request SBA’s guarantee or issues bond unilaterally.

  25. WHAT COSTS ARE INVOLVED? SBA Charges: • No charge for application or bid bond guarantee • Charges the Surety company 20% of the premium that the Surety Company charges the contractor for performance, payment and ancillary bonds. (Increases to 32% on 4/3/2006) • Charges the contractor 6$ per every $1,000 of the contractor amount. SURETY COMPANY CHARGES: • The contractor between 1 and 3 percent of the contract price.

  26. NC WOMEN’S BUSINESS CENTERS    Asheville Durham Fayetteville WWW.ONLINEWBC.GOV/WBC.PDF

  27. IMPORTANT INTERNET SITES • Federal Acquisitions Regulations www.arnet.gov/far/ • Code of Federal Regulations 13 Part 124 http://www.sba.gov/library/cfrs/13cfr124.html • FedBizOpps www.fedbizopps.gov • SBA Homepage www.sba.gov/nc/

  28. PARTNERS IN BUSINESS DEVELOPMENT Commercial Marketing Rep. (CMR) Mary Ann Korre (404) 331-7587 mary.korre@sba.gov • Procurement Center Rep. (PCR) Larry Mallory (919) 541-7895 mallory1@niehs.nih.gov • SBA’S Resource Partners

  29. SMALL BUSINESS AND TECHNOLOGY DEVELOPMENT CENTERS (SBTDC)                              Asheville Greenville Boone Hickory Chapel Hill Pembroke Charlotte Raleigh Cullowhee Rocky Mount Elizabeth City Wilmington Fayetteville Winston-Salem PTACs Greensboro WWW.SBTDC.ORG/  

  30. PTAC COUNSELORSwww.sbtdc.org Procurement Technical Assistance Centers • Understand solicitation requirements; • Can locate specifications and standards; • Assist with registration in Central Contractor Registration (CCR); • Identify opportunities for your product/service; and • Provides seminars and workshops on: • How to do business with the government • How to prepare bids and proposals • How to participate in electronic commerce with the government.

  31. SERVICE CORPS OF RETIRED EXECUTIVES (SCORE)              Asheville High Point Asheboro Kill Devil Hills Chapel Hill Morehead City Charlotte New Bern Durham Raleigh Greensboro Southern Pines Hendersonville Wilmington WWW.SCORE.ORG/ 

  32. SBA ALTERNATE WORK SITE EMPLOYEES • WESTERN NORTH CAROLINA Mike Arriola 29 Haywood Street Asheville, NC 28801 (828) 225-1844 Michael.Arriola@sba.gov • EASTERN NORTH CAROLINA Arline Brex 509 Cornelius Harnett Drive Wilmington, NC 28401 (910) 202-0494 Arline.Brex@sba.gov • TRIANGLE & NORTHEASTERN NORTH CAROLINA Ivan Hankins 3434 Kildaire Road, #205 Cary, NC 27511 (919) 363-3215 Ivan.Hankins@sba.gov

  33. U.S. SMALL BUSINESS ADMINISTRATION North Carolina District Office Government Contracting Division 6302 Fairview Road, Suite 300 Charlotte, North Carolina 28210 CaSandra Smith-Gatlin casandra.smith-gatlin@sba.gov (704) 344-6590, Ext. 1118

  34. Contracting Opportunities Continued Presented by Theresa Singleton Deputy District Director U.S. Small Business Administration South Carolina District Office

  35. SESSION TWO Contracting Opportunities • Service Disabled Veteran-Owned Businesses • HUBZone Empowerment Program • Women-Owned Businesses

  36. Service Disabled Veteran Owned Business Program • On May 5, 2004, Interim Final Rule established a sole source and set-aside program for service-disabled veteran-owned small business concerns (SDVO SBC).Federal Register Vol 69, No. 87, p. 25262

  37. ELIGIBILITYREQUIREMENTS • The SDV must have a service-connected disability that has been determined by the Dept of Veterans Affairs or DOD • The SDVO SBC must be small under the NAICS code assigned to the procurement • The SDV must unconditionally own 51% of the SDVO SBC

  38. ELIGIBILITYREQUIREMENTS • The SDV must control the management and daily operations of the SDVO SBC • The SDV must hold the highest officer position in the SDVO SBC 13 CFR § § 125.8 – 125.10/FAR Part 19.1403(a) - (b)

  39. SERVICE DISABLED VETERAN-OWNED BUSINESS PROGRAM TYPES OF CONTRACTS SET-ASIDES SOLE SOURCE SIMPLIFIED ACQUISITIONS

  40. SET-ASIDE REQUIREMENTS A Contracting Officer (CO) may set-aside requirements if: • The requirement is not exempted from SDVO contracting. • The contracting officer considers setting aside the requirement for 8(a), HUBZone, or SDVO SBC participation before considering setting aside the requirement as a small business set-aside. • There is a reasonable expectation that at least two responsible SDVO SBCs will submit offers; and • The award can be made at a fair market price. 13 CFR § 125.19/FAR Part 19.1405(a) – (b)

  41. SOLE SOURCE CONTRACTS A CO may award a sole source contract if: • The requirement is not exempted from SDVO contracting and cannot be set-aside. • The CO does not have a reasonable expectation that at least two responsible SDVO SBCs will submit offers. • The anticipated award price of the contract, including options, will not exceed: • $5.0M for manufacturing requirements • $3.0M for all other requirements • Award can be made at a fair market price. 13 CFR § 125.20/FAR Part 19.1406

  42. SIMPLIFIED ACQUISITION THRESHOLD If the requirement is at or below the simplified acquisition threshold, the CO may set-aside the requirement for consideration among SDVO SBCs using simplified acquisition procedures or may award a sole source contract to an SDVO SBC. 13 CFR § 125.21

  43. HUBZone Empowerment Program • The HUBZone Empowerment Contracting program was enacted into law as part of the Small Business Reauthorization Act of 1997 • The program encourages economic development in historically underutilized business zones - "HUBZones" - through the establishment of preferences.

  44. HUBZone Empowerment Program • SBA's HUBZone program is in line with the efforts of both the Administration and Congress to promote economic development and employment growth in distressed areas by providing access to more Federal contracting opportunities.

  45. HUBZone Empowerment Program • The US Small Business Administration (SBA) regulates and implements the program and • Determines which businesses are eligible to receive HUBZone contracts, • Maintains a listing of qualified HUBZone small businesses that Federal agencies can use to locate vendors, adjudicates protests of eligibility to receive HUBZone contracts, and • Reports to the Congress on the program's impact on employment and investment in HUBZone areas.

  46. Eligibility Requirements • A small business must meet all of the following criteria to qualify for the HUBZone program: • it must be located in a "historically underutilized business zone" or HUBZone. • it must be owned and controlled by one or more US Citizens, and • at least 35% of its employees must reside in a HUBZone.

  47. Definition of a HUBZone • A "HUBZone" is an area that is located in one or more of the following: • a qualified census tract (as defined in section 42(d)(5)(C)(i)(I) of the Internal Revenue Code of 1986); • a qualified "non-metropolitan county" (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) with a median household income of less than 80 percent of the State median household income or with an unemployment rate of not less than 140 percent of the statewide average, based on US Department of Labor recent data; or • lands within the boundaries of federally recognized Indian reservations.

  48. HUBZone Set-Aside • A competitive HUBZone contract can be awarded if the contracting officer has a reasonable expectation that at least two qualified HUBZone small businesses will submit offers and that the contract can be awarded at a fair market price.

  49. Sole Source Awards • A sole source HUBZone contract can be awarded if the contracting officer does not have a reasonable expectation that two or more qualified HUBZone small businesses will submit offers, determines that the qualified HUBZone small business is responsible, and determines that the contract can be awarded at a fair price.

  50. Sole Source Limitations • The government estimate cannot exceed $5 million for manufacturing requirements or $3 million for all other requirements.

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