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Small Business Issues

Small Business Issues. JSC Small Business Roundtable May 1, 2009. SDB Issue. SBA no longer certifying firms as of 10/4/08 Only certified SDBs will be 8(a) firms Prime contractors still must use certified SDBs in their reporting if the solicitation was issued prior to 10/4/08.

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Small Business Issues

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  1. Small Business Issues JSC Small Business Roundtable May 1, 2009

  2. SDB Issue • SBA no longer certifying firms as of 10/4/08 • Only certified SDBs will be 8(a) firms • Prime contractors still must use certified SDBs in their reporting if the solicitation was issued prior to 10/4/08. • Self-certification accepted for SDBs on any solicitation issued after 10/4/08

  3. SDB Preference - Rothe • Decided 11/4/08 by Court of Appeals for the Federal Circuit that 10 USC 2323 was unconstitutional (Applies to DoD, NASA, Coast Guard) • Creates a 5% goal for SDB’s • Authorizes 10% Price Evaluation Adjustment (FAR Subpart 19.11) • Requires evaluation of subcontracting plans to meet 10 USC 2323

  4. HUBZone • International Program Group Inc., a HUBZone small Business, protested USMC’s decision to have a SDVOSB set-aside. • CO considered HUBZone, 8(a), SDVOSB Programs and agency’s progress towards meeting its contracting goals • Based the lowest goal achievement for SDVOSBs, CO issued SDVOSB set-aside • 9/19/08, GAO issued a decision regarding order of precedence of HUBZone and SDVOSB set-asides

  5. HUBZone, continued • GAO Decision: HUBZone set-aside is mandatory (shall) when enumerated conditions are met Two or more HUBZone offers are expected Award can be made at fair and reasonable price • CO has discretion for SDVOSB set-aside (may) when conditions are met Two or more SDVOSB offers are expected Award can be made at fair and reasonable price • SBA appealed decision, asserting CFR 13.607 provides parity except HUBZone set-aside must be considered before a small business set-aside • October 24, GAO denied appeal, citing unambiguous language of the applicable statues

  6. New Regulations • No Proposed or Final Regulations to Federal Register until it has been reviewed by the Department or Agency Head • SBA new Administrator, Sarah Gordon Mills, sworn in on Monday, April 6

  7. Women’s Procurement Program • The omnibus bill signed into law by the president on Wednesday included a provision barring the SBA from using any of its funds to implement a controversial regulation that narrowly restricts the women's procurement program. • The women's procurement program is a priority for the administration and the agency will be reexamining the entire existing rule.

  8. CCR CCR login procedures have changed. If you currently have a CCR record, but do not have a user ID and password, you will not be able to access your record until you create a user account. The deadline has been extended to December 21, 2009 to make this change. You will need to create your user account prior to your renewal date.

  9. RFI/Sources Sought • Small Businesses not responding • Small Businesses not being responsive

  10. FARFederal Acquisition Regulations

  11. Guiding Principle The vision of the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives

  12. Authority • Developed in accordance with the requirements of the Office of Federal Procurement Policy Act of 1974 • Prepared, issued & maintained jointly by the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration

  13. Publication Federal Register, daily Loose-leaf Edition Code of Federal Regulations (CFR) Chapter 1 of Title 48 Agency Supplements in Additional Chapters Published in the Federal Register and codified in assigned chapter Agency regulations parallel the FAR

  14. Organization The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.

  15. Numbering

  16. How to Use The FAR • The official and most current FAR resources are web-based • These sites also have archived documents and search capabilities • You should have a working knowledge of these regulations • When responding to any solicitation or contract, read each clause to determine if it does, or might affect your company whether it is in the solicitation full text or by reference.

  17. FAR Contents Foreword Parts 1 – 51 - - Instructions & Guidance Part 52 - - Provisions & Clauses Part 52.3 - - Provisions and Clauses Matrix Part 53 - - Forms Appendices - - Information for Cost Accounting

  18. Where Do I Find the FAR? Acquisition Central: http://www.acquisition.gov/far/index.html Code of Federal Regulations: http://www.gpoaccess.gov/cfr/index.html

  19. Significant Parts • Part 2 – Definitions • Part 9 – Contractor Qualifications • Part 14 – Sealed Bidding • Part 15 – Contracting by Negotiation

  20. Part 19 – Small Business Programs

  21. FAR Part 19 19.1 – Size Standards 19.2 – Policies 19.3 – Determination of Small Business Status for Small Business Programs 19.4 – Cooperation with SBA 19.5 – Small Business Set-Asides 19.6 – Certificates of Competency & Determination of Responsibility 19.7 – Subcontracting Program 19.8 – Contracting with the 8(a) Program 19.9 – Reserved

  22. FAR Part 19 19.10 – Small Business Competitiveness Demonstration Program 19.11 – PEA for SDB Concerns 19.12 – SDB Participation Program 19.13 – HUBZone Program 19.14 – SDVOSB Procurement Program

  23. FAR Parts Part 52 – Solicitation Provisions & Contract Clauses Part 53 – Forms Appendix Index

  24. FAR Clauses

  25. Defense FAR SupplementDFARs • The Defense FAR Supplement (DFAR) has a guide for non-regulatory policies and procedures that is a web-based tool for the defense acquisition community. • DFAR is used when specialty instructions are needed for individual branches of the military, etc, to conduct business.

  26. Supplements • The Department of the Army has a supplement under the DFARs– AFARs • The Corps of Engineers under the Department of the Army has a supplement - EFARS

  27. Other Agency Supplements • NASA - http://www.hq.nasa.gov/office/procurement/regs/ • VA - http://www1.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

  28. Numbering of Supplements • DFARS – instead of 5.1 it is 205.1 • NASA – instead of 5.1 it is 1805.1 • VA – instead of 5.1 it is 805.1

  29. Federal Acquisition Circular • Issued to advise of new regulations, policies and procedures • www.regulations.gov/fdmspublic/component/main

  30. Questions?Valerie J. ColemanProcurement Center/Commercial Market RepresentativeU.S. Small Business Administration2101 NASA Parkway, MC: BD35Houston, TX 77058281-483-1549 Fax: 281-483-4326valerie.j.coleman@nasa.govvalerie.coleman@sba.gov

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