pecos wilderness sangre de cristo mountains, new mexico, at 6 am, 11,500 elevation oct 2004 after...
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Pecos Wilderness Sangre De Cristo Mountains, New Mexico, at 6 am, 11,500 elevation Oct 2004 after riding horse back for 3 hours
Small Business Administration
Since 1953Pikes Peak Chapter
National Contract Management Association
Colorado Springs November 15, 2012
SBA Region VIII Administrator
vacant
Area V, Government Contracting Division
Colorado, Texas, New Mexico, Oklahoma, Louisiana, Arkansas
Tanika Pierce, Tanika Pierce PCR Southern Colorado
(817) 684-5305 ([email protected]) bb: (817) 600-5391
Jose L. L. Martinez, PCR ([email protected])
Robert Taylor, AREA Director (817) 684-5302)
Colorado District 8(a) program
Greg Lopez, Colorado District Director ([email protected])
Carolyn Terrell, Team Lead 8(a) Division ([email protected])
(303) 844-2607
CFR website: http://ecfr.gpoaccess.gov/
SBA size regulations: 13 CFR 121 HUBZone regs: 13 CFR 126 Service-disabled Veteran:13 CFR 125.8 thru 29 8(a) and SDB regs: 13 CFR 124 WOSB/EDWOSB: 13 CFR 127 SBA CoC: 13 CFR125.5
Summary of CFR regulations
SBA Office of Hearing and Appeals cases: http://www.sba.gov/aboutsba/sbaprograms/oha/ohadecisions/OHA_DECISIONS.html
GAO Decisions: http://www.gao.gov/legal/decisions.html
Federal Acquisition Regulation plus other agency regulations:
http://farsite.hill.af.mil/or http://www.arnet.gov/
Agenda
Proposed rules Performance of WORK
percentages for SB
JVs [except 8(a)]
Procurement Center Representatives in other states
http://www.sba.gov/content/government-contracting-field-staff-directory
SBA, Government Contracting Area Offices
SBA, REGION VIII DISTRICT OFFICES
8(A) DIVISION
Montana North Dakota
Colorado
WyomingSouth Dakota
Utah
Prime and Subcontractor of the Year
Request for nominations in mail
Please nominate deserving small businesses
Congratulations to our
SBA Region VIII
Small Business Prime Contractor of the Year - 2012
nominated by Department of the Navy
Stephen K. Wood, PresidentCapco, Inc.
1328 Winters Avenue, Grand Junction, CO 81501(970) 243-8480 E-mail: [email protected]
Small Business Sub-Contractor of the Year - 2012
nominated by Hamilton Sundstrand, Windsor Locks, CT
Lakeo Lewis, Chief Executive OfficerLewis Engineering
2790 H Road, Grand Junction, CO 81506(970) 257-7777 E-mail: [email protected]
I am one of about 40 (nationwide)
Procurement Center RepresentativesBasic responsibilities of 19.402
Procurement Center Representatives in other states http://www.sba.gov/content/government-contracting-field-staff-directory
(c) (1) Reviewing proposed acquisitions to recommend—
(i) The setting aside of selected acquisitions not unilaterally set aside by the contracting officer;
(iii) Breakout of components for competitive acquisitions
Contracting Officer working with their Small Business Specialists and technical staff will make unilateral decisions (FIRST) whether to set projects aside for SB;WOSB/EDWOSB; HUBZone, 8(a) or Service Disabled Veterans
(**Department of Veterans Affairs can set aside exclusively for SDVets and Vets first for their
projects)
Procurement Center Representatives
Basic responsibilities of 19.402 So, if small business DOES NOT RESPOND the contracting officers and Director of Small Business can justify that there are no small businesses interested in project and send the project up for my review and concurrence for full and open competition.
We weigh heavily agency submissions!
There are hundreds of projects out there and small business sometime choses not to respond.
1). Wait for other small business, etc. to respond and if is a set-aside we will bid:
2) Respond with “I am interested let me know if it is set-aside”
Procurement Center RepresentativesBasic responsibilities of 19.402
Example of some older projects we worked with agencies on (due to procurement sensitivity of current project can not share with you those projects):
FY 95 we worked with DOE and reached agreement on Grand Junction project “environmental remediation NAICS”;
FY 99 - Solicitation NAR990056 Bureau of Land Management, for “Information Technology Technical Support Services” est. at $89,000,000 over 5 years;
FY 00 - Solicitation No. DAKF0600R0002 Value: $2,600,000 per/yr. No. of Years: 5 Title of Solicitation: “Provide Facilities maintenance services for all MEDDAC, DENTAC and Veterinary facilities at Fort Carson.
*** We also work on numerous other small projects normally over $150,000 due to our appeal authority.
Procurement Center RepresentativesBasic responsibilities of 19.402
Example in 1996 the Grand Junction project:“DOE Awards Largest Small Business Set-aside”
by Set-aside Alert publication
“The DOE awarded last month two contracts worth $300,000,000 to contractor teams led by small businesses . . . More than 270 companies responded to a sources sought synopsis .. 650 companies asked for copy of the request for proposal. More that 250 people representing 150 companies attended a presolicitation conference and 200 representative from 100 companies went to a preproposal conference and site visit . . . “
Procurement Center RepresentativesBasic responsibilities of 19.402
Example in 1996:
“WASTREN was awarded the largest small business contract awarded by the DOE at that time, to manage and operate the DOE facility at Grand Junction, Colorado. There, WASTREN managed 37 buildings, associated grounds, and a renowned analytical laboratory, and provided support services for up to 500 DOE and contractor personnel. WASTREN was also responsible for ongoing environmental activities and remediation associated with cold war radiological contamination in the buildings and soils, while protecting wetlands and the adjacent river.”
“MACTEC, located in Grand Junction was one of six teams that competed for the five-year TAR environmental support contract whish is for study and cleanup of uranium mill tailings.”
HUBZone
8(a)
Programs stand alone i.e. Cannot have combined HUBZone/SDVet set-aside, etc.
WOSB
SDVet
Partial SBSA
F&O procedures
PARITYFAR 19.203 -- Relationship Among Small Business Programs
FAR 19 Small Business Authority for total Small Business Set-aside and
or subsets
Government Contracting Pool 100%
Other than small gets over 78%**
Using Full & Open Procedures, FSS, GWACs and sole source
**<23%**
EDWOSB
Any NAICS can be set-aside for SB, SDVet, 8(a) or HUBZone
but for WOSB or EDWOSB only certain codes per
law
See www.sba.gov/wosb for listing of NAICS in excel
Contracting Officer’s Guide to the WOSB Program January 2011
Subpart 19.15—Women-Owned Small Business (WOSB) Program
HUBZone
TSBSA
Sole Source
Authority
vs.
No Authority
EDWOSB
WOSB8(a)
SDVet
NO SOLE Source Authority
Sole Source Authority
Can Contracting Officers sole source?
FAR 19 – all SB programs
But rule of 2 or more for competition must be considered First (clarification effective April 2, 2012
Example:Contract reserves. The proposed rule establishes a process, at § 125.2(e)(4), for agencies to reserve awards for small businesses (including Small Business Teaming Arrangements) under a multiple award contract awarded pursuant to full and open competition if the requirement cannot be broken into discrete components to support a partial set-aside and market research shows that either at least two small businesses could perform on a part of the contract or at least one small business could perform all of the contract.
Proposed rule
comment period closed June 16, 2012Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed
Rules
Rules to comply with SB Jobs Act of 2010 – we were told all agencies commented prior to publishing –
we will see what final rules look like.
Example:Partial set-asides. This approach would replace the more cumbersome process currently found at Federal Acquisition Regulation (FAR) § 19.502–3 that requires small businesses to first submit responsive offers on the non-set-aside portion in order to be considered for the set-aside portion.
Example:
Task Oder: Under the limitations on subcontracting, a small business must perform a certain percentage of the work itself and it limited as to how much work it can subcontract. This is generally easy to monitor for single award contracts, but not so easy with a multiple award contract where many task or delivery orders will be issued, sometimes by different agencies. As such, the SBA has proposed that small business comply with the limitations on subcontracting for each order, rather than the total multiple award contract.
Proposed rule
comment period closed June 16, 2012Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed Rules
Example:SBA’s procurement center representatives (PCRs) may review acquisitions involving the award of multiple award contracts or orders issued against such contracts that are not set-aside for small businesses or where no awards have been reserved for small businesses.
Example:(iii) PCR Recommendations for Small Business Teaming and Subcontracting. The PCR will work to ensure that small business participation is maximized through Small Business Teaming Arrangements and subcontracting opportunities. This may include: (A) Recommending that the solicitation and resultant contract specifically state the small business subcontracting goals, which are expected of the contractor awardee; (B) Recommending that the small business subcontracting goals be based on total contract dollars instead of or in addition to subcontract dollars;
Proposed rule
comment period closed June 16, 2012Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed Rules
As you meet and talk to SDVets and Vets please refer them to VA First program
Only at the Department of Veterans
Affairs Set-asides for
Veterans AND SDVets FIRSTBUT they must apply (VA Form 0877)
and be certified on Vetbiz Numerous GAO and Court cases on going if this law takes precedence over GSA FSS
SDVet set-asides at all agencies
Performance of work clauses
52.219-14 -- Limitations on Subcontracting [SB set-asides AND 8(a)]
52.219-27 Service Disabled Veteran
52.219-29 Notice of Set-Aside for Economically DisadvantagedWomen-Owned Small Business Concerns
52.219-30 Notice of Set-Aside for Women-Owned Small BusinessConcerns Eligible Under the Women-Owned Small Business
READ Clause All different(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance
will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.
Full text of all solicitation clauses
Federal Acquisition Regulation
– keyword search of all agency’s regulations or limit just to FAR -
http://farsite.hill.af.mil
/
The Perils of Finagling Set-Aside Contracts
(by Husch Blackwell - Google )
9.30.10“Government contractors are familiar with the rules concerning contracts set aside for specific socio-economic groups, such as small businesses, historically underutilized business zone (HUBZone) businesses, service-disabled veteran-owned small businesses, or small disadvantaged (Section 8(a)) businesses. The
qualifying small business concern awarded the set-aside contract must perform the "primary and vital requirements" of the contract and at least 50 percent of the labor required.1 A recent case, Morris–Griffin Corp. v. C&L Service Corp., F.Supp.2d, 2010 WL 3221975 (E.D. Va. August 16, 2010), illustrates the perils of trying to finagle these requirements.
In Morris, the U.S. District Court refused to enforce a subcontract between a Section 8(a) business and its non-disadvantaged business teaming partner because the Section 8(a) business did not possess the technical expertise to perform its prime contract and the parties had entered into an arrangement under which the non-small business concern performed more than half the work. The court also declared that the Section 8(a)'s prime contract was
void ab initio because it was tainted by fraud. The case presents a cautionary tale for those seeking to circumvent the Small Business Association's ("SBA") restrictions on small business set-asides. . .”
.
Alaska-connected GTSI cut off from new federal contractsBy Robert O'Harrow Jr.Washington Post Staff Writer Saturday, October 2, 2010 “Federal officials on Friday suspended one of the nation's largest government contractors from receiving new work, alleging that the Northern Virginia company inappropriately went through other firms to gain access to contracts set aside for small companies.
The U.S. Small Business Administration's action imperils hundreds of millions of dollars in revenue for GTSI Corp., a top-50 contractor that has relied on the Pentagon and the rest of the federal government for more than 90 percent of its sales in recent years. At issue is work GTSI did as a subcontractor for small businesses serving as the prime contractors on government contracts. . .”
GAO B-297176 Date: November 10, 2005
DIGEST 2. Where proposal, on its face, does not
reasonably lead the agency to conclude that the offeror will not comply with the subcontracting limitation contained in the solicitation, the offeror's compliance concerns a matter of responsibility or contract administration not for review by the Government Accountability Office.
We deny the protest
GAO File: B-297425.2 Date: January 26, 2006
[3] The record indicates that HUD, in essence, is concerned about KIC's intent to comply with the RFP's limitations on subcontracting. . .
Since KIC's proposal anticipates extensive subcontracting, the agency may want to review this matter. Where a proposal leads an agency to the conclusion that the offeror could not and would not comply with the subcontracting limitation, we have considered this to be a matter of the proposal's technical acceptability; a proposal that fails to conform to a material term or condition of the solicitation such as the subcontracting limitation is unacceptable and may not form the basis for an award. KIRA, Inc., B-287573.4, B-287573.5, Aug. 29, 2001, 2001 CPD para. 153 at 3. Otherwise, the agency's judgment as to whether KIC will comply with the subcontracting limitation is a matter properly considered as part of the agency's responsibility determination. Id.
Complicated – ALL Clause Different
***always consult your legal counsel***
NCMA – HANDOUT
Guidance Only for your reviewLarge Primes please remember that a JV with a small will
make the SB – large [discussion on 8(a) will follow]
Joint Ventures
Handout
Small Business Teaming Pilot Program
http://www.sba.gov/teaming
On Sept. 27, 2010, President Obama signed into law the Small Business Jobs Act (SBJA), the most significant piece of small business legislation in over a decade. The new law is providing critical resources to help small businesses continue to drive economic recovery and create jobs.
Grantees are expected to help small businesses find other firms interested in teaming, assist SBs with the formation and execution of teaming arrangements, aid teams of SBs in identifying appropriate larger contracting opportunities, and assist teams of SBs with the preparation and submission of bids and offers.
Joint Ventures
Stephanie Lewis, Size SpecialistU.S. Small Business AdministrationOffice of Government Contracting
HANDOUT
Joint Ventures
National Contract Management Associationcopyrighted article Joint Venture 101
by John Ford and David Lundsten
HANDOUT
Slightly old – verify CFR and FAR CitationsCan not find new version just Google or
http://www.acq.osd.mil/osbp/sbs/resources.shtml– good information -
GUIDEBOOK FOR FACILITATING SMALL BUSINESS TEAM ARRANGEMENTS
SEPTEMBER 2007
CFR website: http://ecfr.gpoaccess.gov/
SBA size regulations: 13 CFR 121 HUBZone regs: 13 CFR 126 Service-disabled Veteran:13 CFR 125.8 thru 29 8(a) and SDB regs: 13 CFR 124 WOSB/EDWOSB: 13 CFR 127 SBA CoC: 13 CFR125.5
Summary of CFR regulations
SBA Office of Hearing and Appeals cases: http://www.sba.gov/aboutsba/sbaprograms/oha/ohadecisions/OHA_DECISIONS.html
GAO Decisions: http://www.gao.gov/legal/decisions.html
Federal Acquisition Regulation plus other agency regulations:
http://farsite.hill.af.mil/or http://www.arnet.gov/
Questions?Email: [email protected]
8(a) Business DevelopmentCarolyn: [email protected]
Questions on Size and compliance with Subcontracting Plans
CMR: [email protected]
D E S I D E R A T AGo placidly amid the noise and haste,And remember what peace there
may be in silence.As far as possible without
surrender be on good terms with all persons.
Pecos Wilderness, Santa Fe National Forest
at 12,000 ft. looking south towards
Hermits Peak, New Mexico
Pecos Wilderness Sangre De Cristo Mountains, New Mexico, at 6 am, 11,500 elevation Oct 2004 after riding horse back for 3 hours