procurement center representative: an advocate, a resource
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Procurement Center Procurement Center Representative: Representative:
An Advocate, A Resource
Octavia TurnerU.S. Small Business Administration Procurement Center Representativeoctavia.turner@nasa.gov
SBA Authority
Small Business Act (Public Law 85-536, as amended):
2(a)..”it is the declared policy of the Congress that the Government should aid, counsel, assist and protect, insofar as is possible, the interest of small business concerns…”
2(b)(1)..”it is the declared policy of the Congress that the Federal Government, THROUGH the Small Business Administration…”
What’s a Small Business?
Independently owned and operated
Not dominant in its field of operations
Place of business in the U.S.
Depending on the industry, size standard eligibility is based on: the average number of employees for the preceding 12-months
-or-average annual receipts for a three-year period.
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.
Regional Offices
District Offices - 66:
8(a) BD Program Financial Assistance Business Development Exporting WOSB, VOSB, Advocacy Reps.
Area Offices
Area II – DC, DE, MD, PA, VA, WV
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
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.
Statutory Subcontracting Goals
Small Business - negotiable Small Disadvantaged Business - 5% Women-Owned Small Business - 5% HUBZone Small Business - 3% Veteran-Owned Small Business - negotiable Service-Disabled Veteran-Owned Small Business - 3%
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SubcontractingAssistance
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
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