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Small Business Programs Small Business Administration Office of Government Contracting Presented by Ms. Marichu Relativo Procurement Center Representative (PCR). Basis for the Small Business Programs. Small Business Act

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Small Business Programs Small Business Administration Office of Government Contracting

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Small business programs small business administration office of government contracting

Small Business Programs

Small Business Administration

Office of Government Contracting

Presented by

Ms. Marichu Relativo

Procurement Center Representative (PCR)

www.sba.gov


Basis for the small business programs

Basis for the Small Business Programs

  • Small Business Act

    • To aid, counsel, assist & protect the interests of small business concerns

    • Goal of policy is to ensure that a fair proportion of purchases, contracts & subcontracts be placed with small businesses

      “Level the Playing Field”

http://www.sba.gov/library/lawroom.html

www.sba.gov


Small business programs small business administration office of government contracting

What is a Small Business?

  • Organized for profit

  • Place of business in the U.S.

  • Operates primarily in the U.S. or makes significant contribution to the U.S. economy

    • Taxes, U.S. products, materials or labor

  • Cannot be dominant in its field on a national basis

  • Self Certification in the Central Contractor Registration (CCR) database

www.sba.gov


Small business programs small business administration office of government contracting

Small Business is Determined by

  • Measured by its employment, business receipts, or business assets

  • Meet the numerical small business size standard for its industry

    • SBA Table of Size Standards

    • North American Industry Classification System (NAICS) industries codes

Size Table: http://www.sba.gov/size

NAICS: http://www.osha.gov/oshstats

www.sba.gov


Small business programs government wide goals

Small Business Programs & Government-wide Goals

  • 23% - Small Business (SB)

  • 5% - Small Disadvantaged Business (SDB)

    (includes 8(a) Business Development)

  • 5% - Women-owned Small Business (WOSB)

  • 5% - Service Disabled Veteran Owned SB

    (SDVOSB)

  • 3% - HUBZone Small Business

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Government wide goals score cards

Government-wide Goals & Score Cards

  • Goals negotiated between SBA and the President

  • Goals are monitored & reported by SBA

    • Prior to 2009 – Color codes/After 2009 – Letter grade

    • Reports are published in the SBA website

      • Government-wide overall grade for 2009 – “B” or 94.1

      • Dept of Defense overall grade for 2009 – “B” or 93.6

http://www.sba.gov/aboutsba/sbaprograms/goals/SCORECARD2009.html

www.sba.gov


What are the governing regulations

What are the Governing Regulations?

  • Title 13 of the Code of Federal Regulations (CFR)

    • 121 -Small Business Size Regulations

    • 124 -8(a) Business Development/SDB Programs

    • 125 -Government Contracting Programs (including the SDVOSB Program)

    • 126 -HUBZONE Program

  • Federal Acquisition Regulation (FAR)

    • FAR Part 19

      • DFARS, AFFARS, AFARS, EFARS, etc

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Small business programs small business administration office of government contracting

Small Business Size Standards

  • Firms must be small based on their primary NAICS Code, including affiliates

  • Size is determined either by:

    • Average 3 years revenues

    • Number of employees

      • Manufacturers

      • Dealers

      • Wholesalers

Source: 13 CFR 121 Size Regulations

Website: http://www.sba.gov/regulations/121/

www.sba.gov


Small business programs small business administration office of government contracting

Common Size Standards

  • 500 employees – most manufacturer & mining industries

  • 100 employees – all wholesales trade industries

    • 500 employees – for federal prime contracts & subcontracts

  • $6.5M – most retail & service industries

  • $31M – most general & heavy construction industries

  • $13M – all special trade contractors

  • $0.75M – for most agricultural industries

Source: 13 CFR § 121.104;13 CFR § 121.106; 13 CFR 121.201

Website: http://www.sba.gov/regulations/121/

www.sba.gov


Small business programs small business administration office of government contracting

Size Standards Update

  • Size Standard Final Rule issued October 6, 2010

    • Effective November 5, 2010

    • Last change July 2008

  • To Expand Opportunities for Small Businesses

    • Keep up with the economy

    • Keep up with federal contracting marketplace

  • The upcoming changes:

    • Sector 44-45, Retail Trade

    • Sector 72, Accommodation and Food Services

    • Sector 81, Other Services

Source: Federal Register 61597, 61604, 61591

www.sba.gov


Small business programs

Small Business Programs

What is the 8(a) Small Business Development Program?

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Small business programs small business administration office of government contracting

Who are Socially Disadvantaged Individuals?

  • Subjected to racial or ethnic prejudice or cultural bias because of their identity as members of a group

  • Social disadvantage must stem from circumstances beyond their control

  • In the absence of evidence, individuals who are members of the following designated groups are presumed to be socially disadvantaged:

13 CFR 124.103

www.sba.gov


Small business programs small business administration office of government contracting

Who are Socially Disadvantaged Individuals?

  • Black Americans

  • Hispanic Americans

  • Native Americans (American Indians, Eskimos, Aleuts, and Native Hawaiians)

  • Asian Pacific Americans (persons with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands [Republic of Palau], Commonwealth of the Northern Mariana Islands, Laos, Cambodia [Kampuchea], Taiwan; Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, Federated States of Micronesia, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru; Subcontinent Asian Americans (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands or Nepal), and

  • Members of other groups designated by the SBA

www.sba.gov


Small business programs small business administration office of government contracting

Small Disadvantaged Business (SDB)

  • At least 51% owned by one or more individuals who are both socially and economically disadvantaged

  • Must be citizen of the United States

  • Must manage and control daily business operations

  • Have management or technical expertise directly related to the primary product or service of the business

  • SBA-no longer certifies SDB as of Oct 08

    • Self certify in CCR & ORCA

www.sba.gov


Small business programs small business administration office of government contracting

8(a) Business Development Program

  • See definition as the Small Disadvantage Business (SDB)

  • In business at least two years

  • Certified and approved by SBA

  • Program is for nine years

    • First 4 years – Developmental Stage

    • Last 5 years – Transitional Stage

    • Monitored by SBA local district office

    • Early graduation

  • Government-wide goal: 5 %

    • SDB & 8(a) goals combined

13 CFR 124.8

www.sba.gov


Small business programs small business administration office of government contracting

8(a) Set-Aside

  • Sole source up to $3.5M / $5.5M for manufacturing NAICS

    • Unlimited amount to Alaska Native Corp (ANC) firms

  • Sole Source & Competitive 8(a) over $100K

    • For competitive 8(a) – agency submits offer letter to the SBA district office serving the geographical area in which the procuring activity is located;

    • For competitive and open construction requirements – agency submits offer letter to the SBA district office serving the geographical area in which the work is to be performed

    • For competitive 8(a) - Rule of two applies

13 CFR 124.8; FAR19.8

www.sba.gov


Small business programs small business administration office of government contracting

8(a) Set-Aside cont

  • For sole source 8(a):

    • Sole source is not protestable

  • Withdrawal from the 8(a) program – Submit request to SBA with justification/approval must be obtained prior to changing acquisition

  • Competitive 8(a) can be restricted to a state or region

    • Example: Alaska 8(a) firms only or Region 10 8(a) firms only (include restriction in the synopsis)

13 CFR 124.502 and FAR 19.8 

www.sba.gov


Small business programs small business administration office of government contracting

8(a) Set-Aside cont

  • Sole Source and competitive 8(a) under $100K

    • For sole source – agency contacts SBA for firm’s eligibility prior to award

    • For competitive – agency submits waiver request letter to SBA for approval

  • Sole Source 8(a) – synopsis in FBO not required

  • “8(a) stays 8(a)”

    • Unless it is a new requirement (25% increase in scope from previous requirement)

    • All construction requirements are considered new requirements

  • Adverse impact – SBA‘s written determination that acceptance of the procurement for 8(a) award would have an adverse impact on small business (see 13 CFR 124.504(c))

www.sba.gov


Small business programs small business administration office of government contracting

8(a) Business Development Application Process

  • Electronic Application on line: www.sba.gov

  • Hard copy application – mail to:

Small Business Administration

Division of Program Certification & Eligibility (DPCE)

455 Market Street, 6th Floor

San Francisco, CA 94105

Tel: (415-744-0328

13 CFR 124.8

www.sba.gov


Small business programs1

Small Business Programs

What is the HUBZone Program?

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Small business programs small business administration office of government contracting

HUBZONE

  • Must be owned & controlled at least 51% by

    • U.S. Citizen, Community Development Corporation, an agricultural cooperative, or Indian tribe

  • Principal office must be located within HUBZone

    • Includes land in Indian Country/Reservation

    • Includes military facilities closed by the BRAC Act

  • Employees – 35% must reside in a HUBZone area

  • Must be a small business by SBA standards

  • Certification by SBA – no term limit

  • Joint Venture (JV) only with another HUBZone firm

Source: 13 CFR 126.607(b); FAR 19.1305(a)

www.sba.gov


Small business programs small business administration office of government contracting

HUBZONE Prime Contract Benefits

  • Competitive HUBZone Set-aside

    • Rule of Two – Reasonable expectation for competition

    • Fair market price

  • Sole Source – only one source available

    • Not exceed $5.5M – manufacturing NAICS code

    • Not exceed $3.5M – all other NAICS codes

  • Full/Open – 10% preference on price

  • Government-wide goal - 3%

HUBZone area: http://www.sba.gov/hubzone (search by address)

On line Application: https://eweb1.sba.gov/hubzone/internet

Website: http://www.sba.gov/hubzone

www.sba.gov


Small business programs2

Small Business Programs

What is the Service Disabled Veteran-Owned Small Business Program (SDVOSB)?

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Small business programs small business administration office of government contracting

Service Disabled Veteran-Owned Business

  • The Veterans Benefit Act of 2003

  • Procurement can be set aside or sole source

    • Rule of Two – Reasonable expectation for competition

    • Only VA can set aside for veteran-own small business

      • Required to register in http://www.vip.vetbiz.gov/

  • Self certification in CCR

    • Under review due to abuse

  • Government-wide goal: 3 %

Source: 13 CFR 125.8 – 125.13; FAR 19.307

Website: http://www.vetbiz.gov/

www.sba.gov


Small business programs small business administration office of government contracting

Veterans First Buying Authority

  • Dept of Veteran’s Affair (VA) program

  • First & second priorities for contracting procurement

    • Service-Disabled Veteran-owned small business (SDVOSB)

    • Veteran-owned small business (VOSB)

  • Must register – Vendor Information Pages (VIP) database

    • Veteran status verified – Veterans Benefit Administration’s BIRLS System

    • Only one registration for one company allowed

    • DUNS number required

    • DD Form 214 required

    • Fraudulent claims – debarred for five years

    • Verification of status – once a year

Website: www.vetbizresourcecenter.org

Register: http://www.vetbiz.gov/

VBA Office: 800-827-1000

www.sba.gov


Small business programs3

Small Business Programs

What is the Woman-Owned Small Business Program (WOSB) & Economically Disadvantaged Woman-Owned Small Business (EDWOSB)?

FAR Part 19, Public Laws, Code of Federal Regulations (13 CFR)

www.sba.gov


Small business programs small business administration office of government contracting

Woman-Owned Small Business (WOSB)

  • WOSB - At least 51% owned & controlled by one or more women

  • EDWOSB - Economically Disadvantaged & WOSB

  • Manage daily business operations

  • No outside employment

  • United States Citizen

  • Self-certification - CCR & ORCA

  • Government-wide goal: 5%

Woman Business Center (WBC):

http://www.sba.gov/aboutsba/sbaprograms/onlinewbc

http://www.sba.gov/services

www.sba.gov


Small business programs small business administration office of government contracting

WOSB/EDWOSB

New Ruling

  • Set-aside preference effective February 4, 2011

  • Certification as small business & WOSB/EDWOSB

    • By Federal agency, State Government, or national certifying entity approved by SBA

    • By the contracting officer supported by adequate documentation

  • Self-Certification in CCR & ORCA

WOSB Federal Contract Program Webpage

http:www.sba.gov/wosb

1-800-U-ASK-SBA (827-5722)

www.sba.gov


Small business programs small business administration office of government contracting

WOSB/EDWOSB

New Ruling

  • Third-Party Certification

    • Third Party Certifier approved by SBA

    • U.S. Dept of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program

    • As an 8(a) participant

    • Must be provided to the WOSB Program Repository

  • Contracting Officer set-aside to WOSB/EDWOSB:

    • Designated 83 NAICS codes currently underrepresented

    • Rule of Two – Reasonable expectation for competition

    • $5 Million – Manufacturing / $3 Million all others

    • Fair and reasonable price

Final Rule on 13 CFR Parts 121, 124, 125

www.sba.gov


Small business programs small business administration office of government contracting

Teaming Arrangements

  • Two or more companies form a partnership or joint venture to act as prime contractor

  • Desirable to provide the best combination of performance, cost, quality, and delivery

  • Formal and informal / traditional/non-traditional

  • Limitation on subcontracting (small business to self-perform on the contract)

    • Construction – 15 %

    • Services – 50%

    • Supplies – 50%

    • Specialty Trade – 25%

Labor only

www.sba.gov


Small business programs small business administration office of government contracting

Types of Teaming Arrangements

  • Prime/Subcontractor relationship (traditional)

  • Joint Ventures (JV)

  • Mentor Protégé

    • SBA approved mentor protégé

      • http://www.sba.gov/aboutsba/sbaprograms/8abd/mentorprogram/index.html

      • Must be approved by SBA in advance

      • Reference: 13 CFR 124.520

    • Dept of Defense approved mentor protégé

      • http://www.acq.osd.mil/osbp/mentor_protege/

www.sba.gov


Small business programs small business administration office of government contracting

Joint Venture (JV)

  • Each firm should be small to stay small (revenues combined)

  • 8(a) JV must be approved by SBA

  • HUBZone JV – both firms must be HUBZone

  • SDB JV may be entitled to price adjustment in competitive acquisition under authorized NAICS codes

  • SDVOSB JV – the SDVOSB 51 ownership for SDVOSB set asides

  • Performance of Work (Self-perform by JV)

    • Service – 50%

    • Supplies – 50%

    • Construction – 15%

    • Special Trade – 25%

Labor only

www.sba.gov


Small business programs small business administration office of government contracting

Mentor Protégé

  • SBA approved mentor protégé

    • The protégé must be an 8(a) firm

    • The mentor can be a large business

    • The protégé can joint venture with the mentor

    • Mentor can be a large business/doesn’t impact the small business size status

    • Participate on any acquisition (set-asides or not)

  • Dept of Defense (DOD) mentor protégé –

    • Provide mutual benefits to the small business and the other more established business

    • Protégé receives the assistance (financially, technical, managerial)

    • Mentor provides subcontracting opportunities to Protégé

www.sba.gov


Small business programs small business administration office of government contracting

Order of Preference

  • Parity among the following:

    • 8(a) BD

    • HUBZone

    • SDVOSB

    • WOSB – Preference status – effective February 5, 2011

      • Underrepresented NAICS codes set aside to WOSB/EDWOSB

  • General Rule: “Once 8(a) – Stays 8(a)”

    • Per FAR 19.8/13CFR 124

    • Exception: New requirement or requirement increased by 25%

    • Construction requirement – considered new requirement

    • Same applies to the other Small Business Programs

    • Geographic Restriction on set aside:

      • None

      • Exception: Alaska ANC/8(a) firms

www.sba.gov


Small business programs small business administration office of government contracting

Small Business Set Aside Rule

  • Under Simplified Acquisition Threshold (under $150,000):

    • FAR 19.502-2(a) -- automatically reserved exclusively for small business concerns (including 8(a), HUBZone, SDVOSB)

    • Rule of Two – two of more firms available to do the work

  • Above Simplified Acquisition Threshold – Order of Precedence:

  • FAR References:

  • 19.501(c),(d),(e)

  • 19.800(e) – 8(a)

  • 19.1305(a) – HUBZone

  • 19.1404(d) – SDVOSB

  • 19.1405(a), (c) – SDVOSB

  • CFR References:

  • 13 CFR 126.607(b) – HUBZone

  • 13 CFR 125.19(b) – SDVOSB

  • 13 CFR 124.503 (j) – 8(a)

Websites: http://farsite.hill.af.mil/

www.sba.gov


Small business programs small business administration office of government contracting

Size Protest

  • Who can submit a size protest?

    • Firm involved in the acquisition

  • Who handles Size Protest?

    • SBA Office of Government Contracting (Size Specialist)

    • Forward the Size Protest to the GC office servicing the firm’s principal office location

    • For Guam firms – send to:

Small Business Administration**

Office of Government Contracting, Area 6

455 Market Street, 6th Floor

San Francisco, CA 94105

Phone: 415-744-8429

**Please call Carol Bunts at (415) 744-6844 before forwarding your size status protest

www.sba.gov


Small business programs small business administration office of government contracting

Size Do Matter

  • Micro-Purchase:

    • Supplies (under $3,000)

    • Service (under $2,500)

    • Construction (under $2,000)

  • Simplified Acquisition:

    • Reserved for small business set aside (under $150,000)

    • Rule of Two

  • Formal Acquisition:

    • Bids & Proposals (over $150,000)

    • Consider small business set aside

    • Rule of Two

www.sba.gov


Small business programs small business administration office of government contracting

Register/Update Your Business

  • Complete Central Contractor Registration Database (CCR)

    • Keep Current (Update yearly)

    • www.ccr.gov

  • Complete SBA Profile (Dynamic Small Business Search (DSBS)

    • http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

  • Complete on-line Representations and Certifications Application (ORCA)

    • https://orca.bpn.gov/

www.sba.gov


Small business programs small business administration office of government contracting

Additional Assistance

  • Local District Offices and Resource Partners

    • SBA Guam Brand Office – Ken Lujan([email protected]) /Tel: 671-472-7277

    • SBA Procurement Center Representative (PCR) – Hawaii, Guam & Pacific Insular Area – Larry Orr ([email protected])/ Tel: 808-474-7317

    • Procurement Technical Assistance Center (PTAC)

      • http://www.guamptac.com/

    • Small Business Development Centers

      www.sba.gov/sdbc/

    • Small Business Specialists (SBS)

      www.acq.osd.mil/sadbu

www.sba.gov


Questions

Questions?

www.sba.gov


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