What’s in Small Business 27 January 2006 Teresa Rendon Small Business Office ASC/BC Aeronautical Systems Center Dominant Air Power: Design For Tomorrow…Deliver.

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Presentation on theme: "What’s in Small Business 27 January 2006 Teresa Rendon Small Business Office ASC/BC Aeronautical Systems Center Dominant Air Power: Design For Tomorrow…Deliver."— Presentation transcript:

1 What’s in Small Business 27 January 2006 Teresa Rendon Small Business Office ASC/BC Aeronautical Systems Center Dominant Air Power: Design For Tomorrow…Deliver Today

2 2 Small Business Hot Topic Agenda Size Recertification SBA Inflation Adjustment to Size Standards Service-Disabled Veteran-Owned Small Business Program Mentor-Protégé Program Questions

3 Dominant Air Power: Design For Tomorrow…Deliver Today 3 Size Recertification Should SBs recertify size at time of issuance of orders under multiple award ID/IQs? –SBs grow to be LB under large MAC ID/IQs –Historically, a SB was considered small for the life of the ID/IQ contract; recent rulings have allowed recertification at time of order issuance Recent Case at OO-ALC –Original MAC ID/IQ awarded 2001 (5SB, 6 LB, 15-year contract) –SBSA in 2005; asked companies to recertify –LB&B refused to recertify; used original certification of SB status –Hill CO appealed to SBA SBA Philadelphia: size status is small based on original cert SBA OHA overturned; LB&B not small for this procurement –Hill awarded to next low acceptable SB –LB&B protested award; sought injunctive relief –U. S. Court of Claims Ruling AF within rights to recertify Agreed with SBA OHA: underlying contract is framework for future competition for contracts Task order constitutes new procurement Concern: if no policy exists, no consistency concerning recertification among various buying offices

4 Dominant Air Power: Design For Tomorrow…Deliver Today 4 Size Recertification Current Regulations –13 CFR 124.503(h) - re: 8(a) Program: “Unlike Basic Ordering Agreements, Multiple Award and FSS contracts are contracts. Orders issued under these contracts are not considered separate contracts.” Subpara (2): “A concern may continue to accept new orders under a MA or FSS contract even where…the concern becomes other than small for the SIC code assigned under the contract subsequent to award of the contract.” –13 CFR 121.404 Subpara (a) SBA determines the size status as of the date the concern submits a written self-certification that it is small as part of its initial offer which includes price. Subpara (g) A concern that qualified as a SB at the time it receives a contract is considered a SB throughout the life of that contract.

5 Dominant Air Power: Design For Tomorrow…Deliver Today 5 Size Recertification Recent Rulings –SBA OHA (SIZ-4477, SETA Corp and FEMA, March 2002) RFQ issued against GSA FSS RFQ is a new procurement; RFQ is correct time to establish size –GAO Case (CMS Info Systems, 7 Aug 02, B-290541) SB awards must actually be performed by SBs COs have right to require recertification at time of order under competitive SBSA RFQs against GSA MASs –SBA OHA (SIZ-2003-11-25-71, Advanced Mgmt Tech, Jun 04) Offerors must be small as of date of proposal/quote at order level SBA Proposed Rule RIN 3245-AF06, 25 Apr 03 Address time at which size is determined for FSS, MACs, GWACs Proposed to amend CFR to require annual recertification AFMC/PK position: disagreed (SB impacts/increase workloads) Current status: at OMB; no date for publication

6 Dominant Air Power: Design For Tomorrow…Deliver Today 6 Size Recertification Implications –Big impact on SB awards, particularly in today’s acquisition environment of long-term, broad-scoped MACs Example: Commodity Councils – a large award to a SB will cause it to quickly grow out of SB status; all awards will then be going to LB –No current rules/guidance When do you recertify? How often? Result: delayed procurements, protests Recommendation –Issue policy that acquisition strategy, as well as resulting RFP and DD Form 2579, should include guidelines/rules for recertification based on what makes sense for that specific acquisition

7 Dominant Air Power: Design For Tomorrow…Deliver Today 7 SBA Inflation Adjustment to Size Standard Federal Register on December 6, 2005 –Issue Interim Final Rule to increase monetary-based size standards by 8.7% –To allow for inflation SBA’s last inflation adjustment was in 2002 Applies to solicitations issued on or after January 5, 2006 Most common monetary size standard changes –$6M in average annual receipts will increase to $6.5M –Other size standards increase by $1M to $2.5M Depending on current level of the size standard List of new size standards –www.sba.gov/size/indexwhatsnew.htmlwww.sba.gov/size/indexwhatsnew.html

8 Dominant Air Power: Design For Tomorrow…Deliver Today 8 Service-Disabled Veteran-Owned Small Business (SDVOSB) FAC 2001-23 Published as Interim Rule on 5 May 04 Implements Section 308 of Veterans Benefits Act Provides for Set-Aside and Sole Source Authority for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns Provides a discretionary tool to improve performance towards SDVOSB goals H11718: “The committees intend the provision to provide federal contracting officials a means to improve their results with respect to contracting with service-disabled veterans”

9 Dominant Air Power: Design For Tomorrow…Deliver Today 9 SDVOSB Applicability, Representations & Exclusions FAR 19.1402: Applies to all Federal Agencies FAR 19.1403: Provides for contractor self-representation FAR 19.1404: Exclusions — Does not apply to: –Requirements that can be satisfied through award to: Federal Prison Industries (see FAR 8.6)FAR 8.6 Javits-Wagner-O’Day Act participating non-profit agencies for the blind or severely disabled (See FAR 8.7)FAR 8.7 –Orders under Indefinite Delivery Contracts (see FAR 16.5)FAR 16.5 –Orders against Federal Supply Schedules (see FAR 8.4)FAR 8.4 –Requirements currently being performed by an 8(a) –Requirements for commissary or exchange resale items

10 Dominant Air Power: Design For Tomorrow…Deliver Today 10 SDVOSB Set-Asides FAR 19.1405 SDVOSB Set-Asides Procedures a)The Contracting Officer (CO) may set-aside acquisitions….for SDVOSBs when requirements of para b can be satisfied. The CO shall consider SDVOSB set- asides before considering SDVOSB sole source awards (see 19.1406) b) To Set-Aside an acquisition for SDVOSBs the CO must have a reasonable expectation that: 1) Offers will be received from 2 or more SDVOSBs and 2) Award will be made at a fair market price c) If the CO receives only 1 acceptable offer Make award to that SDVOSB If CO receives no acceptable offers Withdraw SDVOSB Set-Aside

11 Dominant Air Power: Design For Tomorrow…Deliver Today 11 SDVOSB Sole Source Award and Clause FAR 19.1406: Sole Source Awards to SDVOSB concerns a) CO may award contracts to SDVOSBs on a Sole Source Basis provided: 1) Only one SDVOSB can satisfy the requirement; 2) The anticipated price of the contract (including options) will not exceed –$5M for manufacturing –$3M for any other 3) The SDVOSB has been determined to be a responsible contractor 4) Award can be made at a fair and reasonable price FAR 19.1407: Contract Clauses The CO shall insert the clause 52.219-27, “Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside” –In solicitations and contracts using SDVOSB Set-Aside or Sole Source Authority

12 Dominant Air Power: Design For Tomorrow…Deliver Today 12 SDVOSB Summary Provides for SDVOSB Set-Aside and Sole Source Authority Contracting Officers may set-aside acquisitions or award contracts to SDVOSBs on a sole source basis A Tool to Help Buying Activities Meet SDVOSB Goals and Increasing Awards Addendum to 2579

13 Dominant Air Power: Design For Tomorrow…Deliver Today 13 Mentor-Protégé Program Socio-economic program Public law initiative PL 101-510, Section 831 Regulatory implementation –01 October 1991 Final Rule Effective January 23, 2006 –Amends DFARS –Program extension for new M-P agreements –September 30, 2010 –Participation under new agreements –September 30, 2013

14 Dominant Air Power: Design For Tomorrow…Deliver Today 14 DoD M-P Program 1991 Defense Authorization Act PL 101-510 831 GOALS Transfer Technology and Business Assistance to Small Disadvantaged Businesses (SDBs), Women-Owned Businesses (WOBs), Service Disabled Veteran Owned Small Businesses (SDVOSBs), HUBZone Small Businesses, and firms employing the severely handicapped Increase SDB participation in DoD, Federal, and Commercial arena Facilitate long-term relationships between mentor and protégé FUTURE GOAL Follow on of Small Business Innovation Research Program (SBIR) participants into the DoD MP Program

15 Dominant Air Power: Design For Tomorrow…Deliver Today 15 Mentor-Protégé Qualifications Mentor must: –Have at least one active subcontracting plan with DoD or another Federal Agency Pursuant to FAR 19.702; and –Be eligible for award of Federal contracts Protégé must be: SDBs that have been certified by SBA or 8(a) firms or Qualifying organizations that employ the Disabled (self- certified) Woman Owned Small Business HUBZone Small Businesses Service-Disabled Veteran-Owned Small Busineses

16 Dominant Air Power: Design For Tomorrow…Deliver Today 16 Program Touchstones Research and Academic Expertise Know How and Discipline Program Focus Funding

17 Dominant Air Power: Design For Tomorrow…Deliver Today 17 AF MP Program Focus AF Seeking Increase in War Fighter Mentors –Broader Defense Supplier Base Primary Focus –Military Aircraft / Engines –Robotics –Weapons Systems Manufacturing –Missiles & Space Systems Program Emphasis –Mentors failing to meet Subcontracting Goals –Top technology areas

18 Dominant Air Power: Design For Tomorrow…Deliver Today 18 Benefits Achievement of Subcontracting Goals/Requirements –Helps achieve outstanding DCMA ratings on SB SubKg Plan reviews Funding to develop preferred, qualified suppliers Flexible AF M-P contract –Mentor writes the contract—proposal becomes the contract SOW –Plan can change as M-P relationship evolves Expanded Small Business Supplier (SB) Base Suppliers qualified to Mentor’s Standards Long-term, Stable Partnerships Streamlined Subcontracting Procedures –Sole source to protégés Federally funded training programs developed by HBCU/MI Screen student interns for potential future employment –Student interns for both mentor and protégé

19 Dominant Air Power: Design For Tomorrow…Deliver Today 19 Air Force Program Mechanics Broad Agency Announcement (BAA) BAA document and attachments posted on FEDBIZOPPS - http://www.fedbizopps.gov/ –4 proposal submission rounds for FY06 –Detailed proposal instructions and templates –Pass/Fail technical criteria BAA identifies top AF technology areas

20 Dominant Air Power: Design For Tomorrow…Deliver Today 20 AF BAA Top Tech Areas TOP TECHNICAL CATEGORIES Robotics Power Sources Fuel Cells Anti-Corrosives Composites Radio Frequency Identification (RFIDJ) Aerospace Product & Part Manufacturing Military Aircraft / Missile – New mfg, overhaul & repair Military Engine, Aircraft, Missile, Support Equipment - New mfg, overhaul & repair Aerospace Support Equipment Armaments/Munitions

21 Dominant Air Power: Design For Tomorrow…Deliver Today 21 AF Broad Agency Announcement (BAA) Draft proposals reviewed by Program Manager Final proposals evaluated on subjective pass/fail basis Top tech categories may receive a more favorable rating Source Selection Authority: AF SADBU Director Cost Plus Fixed Firm Awards currently average $450k/yr for up to three years –One basic year with up to 2, one year options –$1 Million max per year –3 year procurement money with option year rollover –AF is only DoD program to allow a fee

22 Dominant Air Power: Design For Tomorrow…Deliver Today 22 Mentor-Protégé Points of Contact & Key Websites AF Program Manager – Eileen King (210) 536-6305 AF Program Manager – Eileen King (210) 536-6305 – eileen.king@brooks.af.mil On-Site Contractor Support – IVIS PSCOn-Site Contractor Support – IVIS PSC –Fred Chandler – (210) 536-6376 – frederick.chandler@brooks.af.mil Department of DefenseDepartment of Defense –www.acq.osd.mil/sadbu/mentor_protégé Air Force Mentor-Protégé Website:Air Force Mentor-Protégé Website: –http://selltoairforce.org/Programs/MentorProtege/mp_program.asp FedBizOpps Website:FedBizOpps Website: –http://www.fedbizopps.gov

23 Dominant Air Power: Design For Tomorrow…Deliver Today 23 Small Business Office Contacts ASC Small Business Office: –Jill Beaver, Area B, Bldg 39, (937) 904-5999 –Jill.beaver@wpafb.af.milJill.beaver@wpafb.af.mil –Director, Small Business –Teresa Rendon, Area B, Bldg 39, (937) 255-5322, Teresa.Rendon@wpafb.af.mil Teresa.Rendon@wpafb.af.mil –Weapon Systems, Advisory and Assistance Services –Sandy Haught, Area C, Bldg 1, (937) 257-2324 x4506, Sandy.Haught@wpafb.af.mil Sandy.Haught@wpafb.af.mil –Base Support and Operations –Charlotte Chumack, Area C, Bldg 1, (937) 257-2324 x4505, Charlotte.Chumack@wpafb.af.milCharlotte.Chumack@wpafb.af.mil –Information Technology, AFSAC, NASIC

24 Dominant Air Power: Design For Tomorrow…Deliver Today 24 QUESTIONS

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