SBA 1st First Wednesday Virtual Learning 2017 Size Protests 2016 11/19/2017 The New All Small Mentor-Protégé Program SBA 1st First Wednesday Virtual Learning 2017 Dwight.Johnson@sba.gov (402) 221-7206

Hosts Dwight A. Johnson, Procurement Center Representative SBA Office of Government Contracting, Area IV, Omaha sbalearning@sba.gov (402) 221-7206 Jan Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442

Small Business Program Update Size Protests 2016 11/19/2017 Small Business Program Update Small Business Subcontracting Improvements were amended into the FAR in a Final Rule effective NOV 1, 2016 and published in FAR Part 19.7 (under FAC 2005-89). Some of the changes include: Contract mods that cause value of the K to exceed $700K ($1.5M for construction) SHALL require Ktr to submit a subk plan for the contract – if KO determines subk opportunities exist. On IDIQ contracts the KO may establish subcontracting goals at the order level (but not a new subcontracting plan). FAR 19.704 SUBCONTRATING PLAN REQUIREMENTS now has 14 required elements (previously 11). Added are: Additional language about assurance of good faith effort Requirement that Prime Ktr will provide KO written explanation if Ktr fails to obtain supplies or services from a SB concern identified as a subktr in their subk plan or proposal Assurance Prime Ktr will not prohibit a sub from discussing payment or utilization matters with the KO. Questions regarding this slide can be addressed with your PCR as PCRs review subcontracting plans. SBA Government Contracting Area Directors, Office of Government Contracting (https://www.sba.gov/content/pcr-area-directors) Dwight.Johnson@sba.gov (402) 221-7206

Welcome to “SBA Virtual Learning 2017” Questions answered during the final 10 minutes. Technical problems? Contact the moderator with a note or call AT&T Connect Support at 1-888-796-6118. Page numbers stated for those working off hard copies of the program. We cover the “SBA Quick Reference” as time allows. For more SBA training visit the SBA Learning Center website https://www.sba.gov/tools/sba-learning-center/search/training

Association of Procurement Technical Assistance Centers posts past “First Wednesday” programing Check this link for past programs: http://www.aptac-us.org/for-contracting-officers- sba-webinar-library/ Contracting officer resources: “How PTACs partner with federal agencies”: http://www.aptac-us.org/federal-partners/ Find your nearest Procurement Technical Assistance Center at http://www.aptac-us.org

Trial for DEC – JAN – FEB 1:00 pm – 2:00 pm Central Size Protests 2016 FIRST WEDNESDAY VIRTUAL LEARNING SERIES - 2017 9:30 to 10:30 Central Time 11/19/2017 Trial for DEC – JAN – FEB 1:00 pm – 2:00 pm Central FY 2017  Date  Topic 1 October 5, 2016 Non-Manufacturer Rule 2 November 2, 2016 Market Research: Using FPDS & DSBS 3 December 7, 2016 New All SB Mentor-Protégé Program 4 January 11, 2017 SBA Surveillance Reviews 2017 5 February 1, 2017 8(a) Business Development 6 March 1, 2017 SDVOSB 7 April 12, 2017 Subcontracting Plan Evaluation 8 May 3, 2017 WOSB 9 June 7, 2017 HUBZones 10 July 12, 2017 SB Subcontracting Compliance 11 August 2, 2017 Certificates of Competency UPDATE: Note Program Changes to JAN and APR topics The program schedule above is for information only and is subject to change. Dwight.Johnson@sba.gov (402) 221-7206

One Continuous Learning Point Self-service: Fill in your name on the certificate slide and save. Download the certificate and print for your records. You submit your request for training credit IAW your agency policy, i.e. FAITAS. Phoning in only? If you listen in groups and you want attendees to be included on the future mailing list, send email addresses of participants in an excel document to sbalearning@sba.gov.

The New “All Small Mentor-Protégé Program” Office of Government Contracting Business Development

Presenter: Holly I. Schick Size Protests 2016 11/19/2017 Presenter: Holly I. Schick Director, All Small Mentor-Protégé Program U.S. Small Business Administration Office of Government Contracting/Business Development (202) 205-7755 holly.schick@sba.gov Dwight.Johnson@sba.gov (402) 221-7206

Background Authorized under the 2010 Small Business Jobs Act and the 2013 NDAA Rather than creating programs for separate constituencies – SDVOB, WOSB, HUBZones - SBA created a single, all- inclusive Mentor-Protégé Program modeled on its 8(a) program. The All Small Mentor-Protégé Program’s (ASMPP) aim is two-fold: develop strong Protégé firms through Mentor- provided business development assistance; and enhance the ability of Protégé firms to successfully compete for government contracts.

New Rule Highlights Final Rule Effective Date: August 24, 2016 Creates the All Small Mentor Protégé Program (ASMPP) Streamlines the rules for the 8(a) Mentor-Protégé Program and made them consistent with the ASMPP Prescribes content for Joint Venture Agreements under both programs Authorizes the SBA to evaluate other Federal Agency Mentor-Protégé Programs

All Small Mentor Protégé Program (ASMPP) Update The SBA began accepting applications on October 1, 2016. Applications must now be submitted via certify.sba.gov. No paper applications will be accepted. Website: https://www.sba.gov/allsmallmpp Please note that a Mentor-Protégé relationship should be established before starting the application – the ASMPP is not a matching program

Program Administration Centralized in HQ, rather than the distributive 8(a) model Online Application – certify.sba.gov Online course tutorial requirement Annual Review and Evaluation Template agreements i.e. MPA, joint venture Incremental staff augmentation at HQ – demand driven

ASMPP Highlights Protégé may only have one Mentor at a time, and a maximum of two. (2 SBA MPAs in lifetime) Mentors cannot have more than 3 Protégés in the aggregate, at any one time. Protégés and Mentors must either be for-profit entities or agricultural cooperatives. Participants can be both a Protégé and a Mentor if no competition or conflict exists. Participants self-certify as small in the NAICS in which they’re seeking business development assistance.

ASMPP Highlights (continued) SBA won’t authorize MPAs in secondary NAICs in which the firm hasn’t performed work. No reapplication required for 8(a) firms in the last 6 months of the 8(a) program wishing to transfer their existing MPA to the ASMPP. No financial statements or tax returns required. Business plan (SBA-approved or other) required for consideration.

Approved forms of Mentor Assistance Management & Technical Assistance (internal business management systems) Financial Assistance (in the form of equity investments and/or loans) Contracting Assistance ( contracting processes, capabilities acquisitions & performance) Trade Education (learn how to export, IT business plan, finding markets) Business Development Assistance (strategy, finding contracting and partnership opportunities) General and/or Administrative Assistance (business processes and support) Note: May be one, two, or all areas of assistance

Small Business Joint Ventures An approved Protégé and Mentor may joint venture as a small business for any government prime contract or subcontract, provided the protégé qualifies as small for the procurement. Applies to every Federal Agency whether they participate in the ASMPP program or not including NASA and DOD. Read 125.8 (b) (2) (c) (d)

Small Business Joint Ventures Small Business Joint Ventures should be registered in SAM Require ASMPP Approval letter to be included with JV package In order to receive the exclusion from affiliation, the joint venture must meet the requirements outlined in 13 CFR 125.8(b)(2), (c), and (d). Read 125.8 (b) (2) (c) (d)

Small Business Joint Ventures (cont’d) The ASMPP does not review, evaluate or approve joint venture entities or joint venture agreements. The processing of non-8a JVs (WOSB/SDVO/HubZone, SB) undergo the same review and due diligence as before. No District Office approval required. Contracting offices continue to follow the normal procedures for apparent awardees.

Small Business Joint Ventures (cont’d) The ASMPP does not alter the existing review process for non-8(a) joint ventures. Procuring activity reviews and in essence approves joint ventures as part of awarding the contract. If affiliation, certificate of competency or size issues exist, continue to refer to SBA’s Government Contracting Division for determinations.

Small Business Joint Ventures (cont’d) The ASMPP does eliminate the ostensible subcontracting rule by providing exclusion to affiliation. The ostensible subcontractor rule treats a prime contractor and its subcontractor “as joint venturers, and therefore affiliates, for size determination purposes” when the subcontractor “performs primary and vital requirements of a contract,” or the prime contractor is “unusually reliant” upon the subcontractor. If procuring activity has concern regarding the apparent awardee as it relates to size, affiliation or CoC, forward to SBA for review & determination.

Limitations on Subcontracting The LOS rule, 13 CFR 125.6, has changed to reflect changes from the NDAA FY 2013: http://www.ecfr.gov/cgi-bin/text-idx?node=se13.1.125_16&rgn=div8   Principally, the changes are (1) that the limitation now is on paying more than 50% (or 15% or 25%) of the amount paid by the government to non-similarly-situated subcontractors, (2) payments to similarly situated entities are not considered to be subcontracted amounts, and (3) for multiple item procurements for supplies, the LOS percentage is applied to the value of the products, not counting any products for which SBA has waived the non-manufacturer rule.

Mentor-Protégé Programs Similarities Mentors and Protégés are solely responsible for finding their counterpart. Mentors must be currently eligible for the award of Federal contracts. Protégé needs include measurable milestones. Developmental assistance aligns with the Protégé's strategic vision (as outlined in its Business Plan.)

Resources SBA webpage https://www.sba.gov/allsmallmpp All Small Mentor Protégé Program Tutorial https://www.sba.gov/tools/sba-learning-center/training/sbas-all-small-mentor-protege-program

For more information on the ASMPP Please contact: allsmallmpp@sba.gov

”SBA Quick Reference”

Dynamic Small Business Search

Summary of CFR Regulations SBA on Small Business Joint Ventures SBA on Small Business Joint Ventures Size Protests 2016 11/19/2017 11/19/2017 Summary of CFR Regulations SBA size regulations 13 CFR Part 121 HUBZone regulations 13 CFR 126.616 SBA Certificate of Competency 13 CFR 125.5 Service-disabled veteran 13 CFR 125.15(b) 8(a) and SDB regulations 13 CFR 124.513 Small disadvantaged business 13 CFR 124.1002(f) WOSB Program 13 CFR 127 SBA Prime Contracting 13 CFR 125.2 SBA Subcontracting 13 CFR 125.3 Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 28 28

Types of SBA Contacts and Offices SBA on Small Business Joint Ventures Small Business Jobs Act and Changes Size Protests 2016 11/19/2017 11/19/2017 11/19/2017 11/19/2017 Types of SBA Contacts and Offices A. SBA Government Contracting Area Offices 1. SBA Procurement Center Representatives (PCRs) 2. SBA Commercial Market Representatives (CMRs) B. SBA District Offices 1. Business Opportunity Specialists (BOS) C. SBA Regional Offices D. SBA Headquarters Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov 402.221.7206 29 29

Six SBA Government Contracting Areas at hyperlink: https://www. sba

A. SBA Quick Reference - SBA Area Offices SBA on Small Business Joint Ventures Small Business Jobs Act and Changes Size Protests 2016 11/19/2017 11/19/2017 11/19/2017 11/19/2017 A. SBA Quick Reference - SBA Area Offices 1. Size protests (with recertification) FAR 19.302 13 CFR 121.1001 13 CFR 121.1010 2. Locating nearest SBA staffer FAR 19.4 3. Certificate of Competency FAR 19.6 13 CFR 125.5 4. COC Limitations on Subcontracting Compliance FAR 19.601 13 CFR 125.6(f) 5. Receiving copies subcontracting plans FAR 19.705-6 Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov 402.221.7206 31 31

B. SBA Quick Reference - SBA Procurement Center Representatives (PCRs) FAR 19.402  Small Business Administration procurement center representatives. (a)(1) The SBA may assign one or more procurement center representatives to any contracting activity or contract administration office to carry out SBA policies and programs… (2) If a SBA procurement center representative is not assigned to the procuring activity or contract administration office, contact the SBA Office of Government Contracting Area Office….. (b) Upon their request and subject to applicable acquisition and security regulations, contracting officers shall give SBA procurement center representatives….access to all reasonably obtainable contract….

B. SBA Quick Reference SBA PCRs, cont. 1. SBA PCR coordination records FAR 19..501(b)    13 CFR 125.2 2. Small business set-aside appeals FAR 19.505 13 CFR 125.2(b)(7) 3. HUBZone set-aside appeals FAR 19.1305 FAR 19.1306 13 CFR 126.61 4. SDVOSB set-aside appeal FAR 19.1405 FAR 19.1406 13 CFR 125.22 5. Reporting bundling to SBA (MATOCs) FAR 19.202-1(e)(1) 6. SBA subcontracting plan reviews-copies FAR 19.705-5(3) 13 CFR 125.2(b)(6)(iii) FAR 19.705-6(c) 13 CFR 125.2(b)(6)(iii)(C) 7. SBA subcontracting program review FAR 19.707(4) 8. Small business TFD FAR 49.402-3 (e)(4)) (Termination for default) 9. Surveillance review of agency contracting

Small Business Coordination Forms Sent To SBA PCRs Agency Form Title 1 Commerce CD 570 Small Business Set-aside Review 2 Defense 2579 Small Business Coordination Record 3 Energy 4220.2 Small Business Review Form 4 GSA 2689 Small Business Analysis Record 5 HHS 653 6 Homeland Security 700-22 7 Interior 1886 Acquisition Screening and Review Form 8 Labor DL1-2004 Small Business Procurement Determination 9 NASA NF 1787 Small Business Review Sheet 10 State DS-1910 Small Business Clearance Form 11 Transportation 4250 Small Business Program Review Form 12 USDA AD-1205 Small Business Program – Procurement Review 13 VA 2268 Procurement Request Review For Small Business…

Document that you have provided SBA Area Directors with copies of subcontracting plans 19.705-6 Postaward responsibilities of the contracting officer. …: Notifying the SBA of the award by sending a copy of the award document to the Area Director, Office of Government Contracting, in the SBA area office where the contract will be performed. (c) Giving to the SBA procurement center representative….a copy of— (1) Any subcontracting plan submitted in response to a sealed bid solicitation; and (2) The final negotiated subcontracting plan that was incorporated into a negotiated contract or contract modification. (d) Notifying the SBA procurement center representative…. of the opportunity to review subcontracting plans in connection with contract modifications.

Size Protests 2016 11/19/2017 C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at: https://www.sba.gov/content/cmr-directory Prime contractor portfolio management 13 CFR 125.3 Reviews of subcontracting plan holders 13 CFR 125.3 Matchmaking 13 CFR 125.3 SBA SUB-Net link at: http://www.sba.gov/content/sub-net SBA Subcontracting Opportunities Directory link at: http://www.sba.gov/subcontracting-directory “SBLO Handbook” link at: http://www.sba.gov/content/small-business-liaison-officer-handbook Dwight.Johnson@sba.gov (402) 221-7206

D. SBA Quick Reference – SBA Regional and District Offices Small Business Jobs Act and Changes SBA on Small Business Joint Ventures Size Protests 2016 11/19/2017 11/19/2017 11/19/2017 11/19/2017 D. SBA Quick Reference – SBA Regional and District Offices Link to district offices at: http://www.sba.gov/about-offices-list/3 37 Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 37 37

D. SBA Quick Reference - SBA District Offices, cont. SBA on Small Business Joint Ventures Small Business Jobs Act and Changes Size Protests 2016 11/19/2017 11/19/2017 11/19/2017 11/19/2017 D. SBA Quick Reference - SBA District Offices, cont. To locate SBA 8(a) business development servicing office, check Dynamic Small Business Search at the link: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm and then local resources at the link http://www.sba.gov/tools/local-assistance/districtoffices Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov 402.221.7206 38 38

E. SBA Quick Reference - SBA Headquarters Small Business Jobs Act and Changes SBA on Small Business Joint Ventures Size Protests 2016 11/19/2017 11/19/2017 11/19/2017 11/19/2017 E. SBA Quick Reference - SBA Headquarters 1. HUBZone status protests FAR 19.306  13 CFR 126.801 2. NAICS code appeal FAR 19.30 3 13 CFR 121.1103 3. Non-manufacturer rule waivers FAR 19.102(f)(1)-(7) 13 CFR 121.1204 4. SDVOSB status protest FAR 19.307 13 CFR 125.23 5. WOSB Program status protest FAR 19.308/13 CFR 1275.600 39 Dwight.Johnson@sba.gov (402) 221-7206 Dwight.Johnson@sba.gov 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 39 39

FAR 19. 102 (f ): No class waiver to NMR FAR 19.102 (f ): No class waiver to NMR? Check out an individual waiver*

A. If you find no class waivers, an SBA individual waiver to the Nonmanufacturer Rule (NMR) may help you to achieve small business goals if*: B. A waiver for a set-aside is not needed when: 1. One small business manufacturer: * Small business set-aside 2. Small business manufacturer, brand specific of any dollar size with FAR 6 justification: * Small business set-aside 3. Large business, brand specific (or brand equivalent) requirement $25,000 or less with FAR 6: * Small business set-aside C. GSA schedule: Use the closest code listed on the schedule. Then same as above if no class waiver. D. Exception to “NMR” if procurement $25,000 or less. (FAR 19.102 (f)(7)(B))

Size Protests 2016 NMR Program Office The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to nmrwaivers@sba.gov. Dwight.Johnson@sba.gov (402) 221-7206

SBA 1st First Wednesday Virtual Learning 2017 Size Protests 2016 11/19/2017 Find your PCR at https://www.sba.gov/content/pcr-directory SBA 1st First Wednesday Virtual Learning 2017 Dwight.Johnson@sba.gov (402) 221-7206