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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.

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Small Business Issues

JSC Small Business Roundtable

May 1, 2009

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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

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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

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  • 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

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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

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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

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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.

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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.

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RFI/Sources Sought

  • Small Businesses not responding

  • Small Businesses not being responsive

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FARFederal Acquisition Regulations

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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

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  • 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

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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

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

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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.

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FAR Contents


Parts 1 – 51 - - Instructions & Guidance

Part 52 - - Provisions & Clauses

Part 52.3 - - Provisions and Clauses Matrix

Part 53 - - Forms

Appendices - - Information for Cost Accounting

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Where Do I Find the FAR?

Acquisition Central:

Code of Federal Regulations:

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Significant Parts

  • Part 2 – Definitions

  • Part 9 – Contractor Qualifications

  • Part 14 – Sealed Bidding

  • Part 15 – Contracting by Negotiation

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Part 19 – Small Business Programs

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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


19.7 – Subcontracting Program

19.8 – Contracting with the 8(a) Program

19.9 – Reserved

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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

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FAR Parts

Part 52 – Solicitation Provisions & Contract Clauses

Part 53 – Forms



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Defense FAR SupplementDFARs

  • 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.

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  • 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

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Other Agency Supplements

  • NASA -

  • VA -

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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

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Federal Acquisition Circular

  • Issued to advise of new regulations, policies and procedures


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Questions?Valerie J. ColemanProcurement Center/Commercial Market RepresentativeU.S. Small Business Administration2101 NASA Parkway, MC: BD35Houston, TX 77058281-483-1549 Fax: