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GSA Expo 2009 Conducting Market Research Fred Lagunas Procurement Center Representative SBA Office of Government Contracting.

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Presentation on theme: "GSA Expo 2009 Conducting Market Research Fred Lagunas Procurement Center Representative SBA Office of Government Contracting."— Presentation transcript:

1 GSA Expo 2009 Conducting Market Research Fred Lagunas Procurement Center Representative SBA Office of Government Contracting

2 Set-aside Policy FAR Total Small Business Set-asides …..each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000($15,000 for acquisitions as described in (g)(1), but not over $100,000 is automatically reserved exclusively for small concerns and shall be set-aside for small business…… …..each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000($15,000 for acquisitions as described in (g)(1), but not over $100,000 is automatically reserved exclusively for small concerns and shall be set-aside for small business…… The contracting officer shall set-aside any acquisition over $100,000 for small business participation when there is a reasonable expectation that…. The contracting officer shall set-aside any acquisition over $100,000 for small business participation when there is a reasonable expectation that…. ….offers will be obtained from at least two responsible small business concerns ….offers will be obtained from at least two responsible small business concerns

3 Set-Asides & Parity 8(a), HUBZone & SDVOSB set-asides are considered before a small business set-aside. Current regulations state that 8(a), HUBZone and SDVOSB set-asides are equal in nature. It is up to the Contracting Officers discretion on which set-aside is used based on qualifications, goaling, etc. (parity) A HUBZone set-aside will take precedence over a small business set-aside if there are two qualified HUBZone firms

4 Small Business Competitive Demonstration Program Certain industry requirements cannot be set- aside for small business – A&E, construction, refuse service, non-nuclear ship repair, pest control and landscaping. However, 8(a), HUBZone and SDVOSB must be considered before going full and open

5 Market Research Policy FAR Part PolicyFAR Part Policy –Agencies must conduct market research appropriate to the circumstances-- before soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold(SAT)before soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold(SAT) before soliciting offers for acquisitions with an estimated value less than the SAT when adequate information is not available and the circumstances justify its costbefore soliciting offers for acquisitions with an estimated value less than the SAT when adequate information is not available and the circumstances justify its cost before soliciting offers for acquisition that could lead to a bundled contractbefore soliciting offers for acquisition that could lead to a bundled contract

6 Market Research Policy contd market research should validate the acquisition strategy being used market research should validate the acquisition strategy being used should back-up decision not to set- aside if a protest arises should back-up decision not to set- aside if a protest arises consolidate results of market research into a Market Research documentconsolidate results of market research into a Market Research document Agencies shall conduct market research on an ongoing basis

7 CONDUCTING MARKET RESEARCH Use the results of Market Research to: Determine if sources capable of satisfying the agencys requirements exist. Determine if sources capable of satisfying the agencys requirements exist. Determine if commercial items are available. Determine if commercial items are available. Ensure maximum practicable use of recovered materials and promote energy conservation and efficiency. Ensure maximum practicable use of recovered materials and promote energy conservation and efficiency. Determine whether bundling is necessary and justified. Determine whether bundling is necessary and justified.

8 CONDUCTING MARKET RESEARCH Agencies should document the results of market research in a manner appropriate to the size and complexity of the acquisition Requirements personnel and contracting officers must WORK TOGETHER AS A TEAM TO GATHER MARKET DATA needed to make decisions. Market research utilized to justify sole source must be complete and not more than 6 months old. A statement that the solicitation will be synopsized and that all proposals received will be evaluated is not a substitute for performing adequate market research and in itself does not support and justify sole source. Requirements personnel and contracting officers must WORK TOGETHER AS A TEAM TO GATHER MARKET DATA needed to make decisions. Market research utilized to justify sole source must be complete and not more than 6 months old. A statement that the solicitation will be synopsized and that all proposals received will be evaluated is not a substitute for performing adequate market research and in itself does not support and justify sole source.

9 When conducting market research agencies; When conducting market research agencies; should not request potential sources to submit more than the minimum information necessary should not request potential sources to submit more than the minimum information necessary should consult with the local SBA PCR as early as possible during the acquisition process should consult with the local SBA PCR as early as possible during the acquisition process Market research is not just posting a Sources Sought or a RFI notice alone. You should also include results from a search in the Dynamic SB Search website. Market research is not just posting a Sources Sought or a RFI notice alone. You should also include results from a search in the Dynamic SB Search website. The extent of market research WILL VARY, depending on such factors as urgency, estimated dollar value, complexity, and past experience The extent of market research WILL VARY, depending on such factors as urgency, estimated dollar value, complexity, and past experience CONDUCTING MARKET RESEARCH

10 Locating small business sources:Locating small business sources: The contracting officer must, to the extent practicable, encourage maximum participation by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in acquisitions by taking the following actions:The contracting officer must, to the extent practicable, encourage maximum participation by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in acquisitions by taking the following actions: Before issuing solicitations, make every reasonable effort to find additional small business concerns, unless lists are already excessively long and only some of the concerns on the list will be solicited. This effort should include contacting the agency SBA Procurement Center Representative, or if there is none, the SBA Before issuing solicitations, make every reasonable effort to find additional small business concerns, unless lists are already excessively long and only some of the concerns on the list will be solicited. This effort should include contacting the agency SBA Procurement Center Representative, or if there is none, the SBA Publicize solicitations and contract awards through the Government wide point of entry (see Subparts 5.2 and 5.3)

11 MARKET RESEARCH TECHNIQUES Techniques for conducting market research may include any or all of the following : Contact knowledgeable individuals in Government and industry regarding market capability to meet requirements Contact knowledgeable individuals in Government and industry regarding market capability to meet requirements Review the result of recent market research undertaken to meet similar or identical requirements Review the result of recent market research undertaken to meet similar or identical requirements Publish formal requests for information in appropriate technical or scientific journals or business publications Publish formal requests for information in appropriate technical or scientific journals or business publications Participate in interactive, on-line communication among industry, acquisition personnel,and customers Participate in interactive, on-line communication among industry, acquisition personnel,and customers

12 MARKET RESEARCH TECHNIQUES contd Obtain source lists of similar items from the contracting activities or agencies, trade associations or other sources Obtain source lists of similar items from the contracting activities or agencies, trade associations or other sources Review catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line Review catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line Conduct interchange meetings or hold presolicitation conferences to involve potential offerors early in the acquisition process Conduct interchange meetings or hold presolicitation conferences to involve potential offerors early in the acquisition process Perform informal and formal Sources Sought announcements Perform informal and formal Sources Sought announcements

13 Market Research Document Document responses received from RFIs and Sources Sought noticesDocument responses received from RFIs and Sources Sought notices Identify the number of SBs responding and SB category Identify the number of SBs responding and SB category Document if they intend to participate as a prime, team member or subcontractor Document if they intend to participate as a prime, team member or subcontractor Document results from Dynamic SB Search queries Document results from Dynamic SB Search queries Number of results for each category Number of results for each category Identify each SB contacted by name Identify each SB contacted by name

14 References FAR Part 10 FAR Part 19 CONDUCTING MARKET RESEARCH

15 QUESTIONS????

16 Office of Government Contracting Mission The Office of Government Contractings mission is to help enhance the effectiveness of small business programs by working with Government Contracting and Business Development (GC/BD) program offices and others to develop policies, regulations, and statutory changes.

17 Basis for SBA Programs Small Business Act Implements Congressional Policy to aid, counsel, assist & protect the interests of small business concerns Implements Congressional Policy 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 Goal of policy is to ensure that a fair proportion of purchases, contracts & subcontracts be placed with small businesses

18 What PCRs Do Promote SBA Programs/8(a) BD Promote SBA Programs/8(a) BD Review Acquisitions, Bundling Cases & Review Acquisitions, Bundling Cases & Solicitations Solicitations Recommend Set-Asides Recommend Set-Asides Perform Market Research Perform Market Research Provide & Attend Training Events Provide & Attend Training Events Perform Surveillance Reviews Perform Surveillance Reviews Counsel Small, Other Than Small & Counsel Small, Other Than Small & Federal Agencies Federal Agencies Perform Outreach Perform Outreach

19 What PCRs See Small Business Review Small Business Review Form (DD2579) Form (DD2579) Government Estimate Government Estimate Sole Source Sole Source J&As J&As Statement of Work Statement of Work Acquisition Plan Acquisition Plan Market Survey Market Survey Purchase Request Purchase Request Purchase History Purchase History Synopsis Synopsis Source Selection Criteria Source Selection Criteria A-76 Information A-76 Information Sensitive Information Sensitive Information Set-aside appeals Set-aside appeals Certificate of Certificate of Competency Request Competency Request Subcontracting Plans Subcontracting Plans Bid Abstracts Bid Abstracts

20 CONTACT INFORMATION Fred Lagunas


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