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.

Self-certification accepted for SDBs on any
solicitation issued after 10/4/08
    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
                 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
         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
        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
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.
                 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.
      RFI/Sources Sought

Small Businesses not responding

Small Businesses not being responsive
            FAR
Federal Acquisition Regulations
     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
            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
               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
     Organization

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

Part 2 – Definitions

Part 9 – Contractor Qualifications

Part 14 – Sealed Bidding

Part 15 – Contracting by Negotiation
  Part 19 –
Small Business
  Programs
                 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
              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
             FAR Parts

Part 52 – Solicitation Provisions &
               Contract Clauses
Part 53 – Forms
Appendix
Index
FAR Clauses
  Defense FAR Supplement
          DFARs
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.
         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
Other Agency Supplements
NASA -
http://www.hq.nasa.gov/office/procure
ment/regs/

VA -
http://www1.va.gov/oamm/oa/ars/policy
reg/vaar/index.cfm
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
Federal Acquisition Circular


Issued to advise of new regulations,
policies and procedures

www.regulations.gov/fdmspublic/comp
onent/main
           Questions?
           Valerie J. Coleman
Procurement Center/Commercial Market
             Representative
  U.S. Small Business Administration
    2101 NASA Parkway, MC: BD35
          Houston, TX 77058
   281-483-1549 Fax: 281-483-4326
      valerie.j.coleman@nasa.gov
       valerie.coleman@sba.gov