Procurement Center Representative: An Advocate, A Resource

1. Procurement Center Representative: An Advocate, A Resource Octavia TurnerU.S. Small Business Administration Procurement Center Representative octavia.turner@nasa.gov

2. 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…”

3. 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.

4. 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.

5. Regional Offices • District Offices - 66: • 8(a) BD Program • Financial Assistance • Business Development • Exporting • WOSB, VOSB, Advocacy Reps.

6. 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

7. 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

8. What PCRs Do • Coordinate with contracting activities • Review acquisitions and recommend set-asides • Review bundling cases • Review solicitations • Support 8(a) business development

9. What PCRs Do • Perform market research • Provide training • Perform surveillance reviews • Interface with others • Perform outreach

10. What PCRs Do • Attend training events • Promote SBA programs • Mediate SB issues • Monitor public notices • Counsel small & ‘other than small’ businesses, federal agencies

11. What PCRs See • Small business review form • Government estimate • Sole source justifications (J&A) • Statement of work • Acquisition plan • Market research

12. What PCRs See • Procurement requests • Purchase history • Synopses • Source selection criteria • A-76 information

13. What PCRs See • Sensitive information • Set-aside appeals • Certificate of Competency request • Subcontracting plans • Bid abstracts

14. What PCRs Protect • Procurement sensitive • Proprietary information • Source selection information • Prices • Subcontracting plans • Classified drawings • For Official Use Only - “FOUO” • Handling Congressional Inquiries

15. What PCRs Share • General Information • “In the Public Domain” • Forecasts • FedBizOpps Synopses • Solicitations • Encourage Freedom of Information Act Requests

16. 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 FAR Part 19.505

17. 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. Size Determination Specialists are located at SBA Area Offices

18. Certificates of Competency When determined to be non-responsible, a small business is entitled to an independent review by the SBA. Capacity, Credit, Capability, Competency, Integrity, Perseverance & Tenacity, Limitations on Subcontracting. Written referrals must be sent to the SBA Area Office responsible for the geographic location of the small business. http://www.sba.gov/content/government-contracting-field-staff-directory

19. Statutory Subcontracting Goals SubcontractingAssistance • 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%

20. Determining the Need for a Subcontracting Plan SubcontractingAssistance • 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

21. 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)

22. SBA’s Role in Subcontracting SubcontractingAssistance • 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

23. What SBA Can and Cannot Do SubcontractingAssistance • 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

24. Ultimate Goal – aid, counsel and assist small businesses