Presentation on theme: "1 Procurement Center Representative: An Advocate, A Resource Carol L. Thompson Area III Director Office of Government U.S. Small Business Administration."— Presentation transcript:
1 Procurement Center Representative: An Advocate, A Resource Carol L. Thompson Area III Director Office of Government U.S. Small Business Administration
Small Business Goals Small Business – 23% Small Disadvantaged Business - 5% Women-Owned Small Business - 5% HUBZone Small Business - 3% Service-Disabled Veteran-Owned Small Business - 3% 2
Small Business Goals The U.S. Government buys over $400 billion every year In FY 2012, 22.25% or $89.9 billion in federal contracting dollars went to small business Agencies more than ever before reached or surpassed their prime contracting goals The service-disabled veterans goal was exceeded for the first time SDB contracts were the highest ever
Minority Contracting SBA has supported more than $ billion in Federal government contracting dollars to SDBs During FY12, the federal government exceeded its 5% goal and achieved 8% SBA recently launched a strategic HUBZone and 8(a)BD Program recruitment initiative aimed at engaging thousand of small businesses from diverse, underserved communities.
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.
Area Offices Area III – AL, FL, GA, KY, MS, NC, SC, TN GC programs include: Prime Contracting Program…PCRs Subcontracting Program…CMRs Certificate of Competency (CoC) Size Determination Program
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
Coordinate with contracting activities Review acquisitions and recommend set-asides Review bundling cases Review solicitations Support 8(a) business development 8 What PCRs Do
Perform market research Provide training Perform surveillance reviews Interface with others Perform outreach 9 What PCRs Do
Attend training events Promote SBA programs Mediate SB issues Monitor public notices Counsel small & ‘other than small’ businesses, federal agencies 10 What PCRs Do
What PCRs See Small business review form Government estimate Sole source justifications (J&A) Statement of work Acquisition plan Market research 11
What PCRs See Procurement requests Purchase history Synopses Source selection criteria A-76 information 12
What PCRs See Sensitive information Set-aside appeals Certificate of Competency request Subcontracting plans Bid abstracts 13
What PCRs Protect Procurement sensitive Proprietary information Source selection information Prices Subcontracting plans Classified drawings For Official Use Only - “FOUO” Handling Congressional Inquiries 14
What PCRs Share General Information “In the Public Domain” Forecasts FedBizOpps Synopses Solicitations Encourage Freedom of Information Act Requests 15
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 16 FAR Part
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. 17 Size Determination Specialists are located at SBA Area Offices
Size Protests Copy of the Protest and all attachments. Date Contracting Officer received the protest. For IFB’s, the date bids were opened or for RFP’s, the date unsuccessful offerors were notified of apparent successful offeror. The protest must be timely, specific, and not premature. The protested company must be in line for award, or the successful offeror. Otherwise, the protest is premature under 13 C.F.R. Part (e). Contracting Officer’s name, address, phone number, FAX number, and e- mail address. (If the protest is untimely, is the contracting officer protesting)? Excerpts from the offer and/or solicitation, or supplemental information showing: name, address, point of contact, phone and FAX numbers of protested offeror protested offeror’s small business certification and date solicitation number NAICS code size standard small business set-aside statement brief description of product or service telephone and FAX numbers for all parties; K/O Protestor, and Protested Company
Certificates of Competency When determined to be non-responsible, a small business is entitled to an independent review by the SBA. Written referrals must be sent to the SBA Area Office responsible for the geographic location of the small business. Capacity, Credit, Capability, Competency, Integrity, Perseverance & Tenacity, Limitations on Subcontracting.
What are the time constraints imposed on the COC Program? The CFR allows SBA only 15 working days to complete a COC determination from the time an acceptable referral is received by SBA. This time is broken up to six days allowed the firm to submit its application and the remaining nine days for the Area Office to complete its investigation, submit a report to the COC committee and provide a response to the contracting officer.
What happens after an acceptable referral has been received? After an acceptable referral has been received, the SBA Area Office sends a COC application package to the small business in question. This package includes a SBA Form 1531 “Application for COC”, an SBA Form 355 “application for Size Determination” and a request for capacity and financial information from the firm. This includes copies of current quotes from all suppliers and subcontractors, facilities list, milestone chart, price build up and copy of the firms quality manual as well as listing of current and completed government contracts and their status. Also required is a completed cash flow projection, financial statements for the past three completed fiscal years, balance sheet dated within the past 90 days, aging of accounts receivables and payables.
What happens after the SBA decision? The SBA decision to deny a COC to a small business allows the contracting officer to proceed to the next low offeror or bidder. The small business cannot appeal denial of a COC as the COC process is the government appeal process provided to the firm. The GAO will not consider a protest of the decision to deny a COC by SBA unless SBA acted in an arbitrary and capricious manner.
What happens after the SBA decision? Decisions to issue a COC cannot be appealed by the contracting officer if the value of the procurement is $100,000 or less. If the value of the procurement exceeds $100,000, the contracting officer may : Accept issuance of the COC and award the contract to the certified firm. Ask that the case be suspended pending receipt of a rationale by the SBA For the issuance decision. Ask that the case be suspended pending receipt by SBA of additional Information which SBA may not have considered. Suspend action pending appeal of the decision to SBA Headquarters.
Determining the Need for a Subcontracting Plan 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 24 Subcontracting Assistance
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 (e.g., contracts awarded prior to PL ) 25 Subcontracting Assistance
SBA’s Role in Subcontracting 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 Subcontracting Assistance
What SBA Can and Cannot Do 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 Subcontracting Assistance
28 Ultimate Goal – aid, counsel and assist small businesses