“SBA 1st First Wednesday Virtual Learning 2016”

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Presentation transcript:

“SBA 1st First Wednesday Virtual Learning 2016” Market Research and New WOSB NAICS codes 11/15/2018 “Exceeding Your Goals” “Market Research Using Dynamic Small Business Search & New WOSB/EDWOSB NAICS Codes” Valerie Coleman Procurement Center Representative SBA Office of Government Contracting, Area V, Houston “SBA 1st First Wednesday Virtual Learning 2016” sbalearning@sba.gov Dwight.Johnson@sba.gov (402) 221-7206

Google link to dynamic small business search – phone only Open the link that comes up and says, “DSBS - SBA - Could Not Set Session Cookies - SBA.gov” Leave it open for live use in the last part of our program Link is: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm 11/15/2018

11/15/2018 6:50 PM11/15/2018 6:50 PM Presenter: Valerie Coleman, Procurement Center Representative SBA Office of Government Contracting, Area V, NASA, Johnson Space Center valerie.j.coleman@nasa.gov or valerie.coleman@sba.gov (281) 483 -1549 Dwight A. Johnson, PCR SBA Office of Government Contracting, Area IV, Omaha sbalearning@sba.gov (402) 221-7206 Janis Kaiser, PCR SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442 11/15/2018 6:50 PM11/15/2018 6:50 PM

Market Research and New WOSB NAICS codes 11/15/2018 SBA Area Directors, Office of Government Contracting (https://www.sba.gov/content/pcr-area-directors) Size protests FAR Part 19.3 SBA staff FAR Part 19.4 Certificates of Competency FAR Part 19.6 Subcontracting plans FAR Part 19.7 Reminders: SBA approves joint ventures of 8(a) firms only. Do not ask any other small business JVs for evidence of SBA approval. Dwight.Johnson@sba.gov (402) 221-7206

Welcome to “SBA Virtual Learning 2016” Questions answered during the final 10 minutes. Or contact sbalearning@sba.gov any time. 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 of hard copies of the program. We cover the “SBA Quick Reference” as time allows. Participation is limited to federal acquisition and related staff, SBA, and Procurement Technical Assistance Center (PTAC) staff. Your nearest PTAC: (http://www.aptac-us.org/)

Association of Procurement Technical Assistance Centers - site for hosting past “1st 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/

CAUTION – Do not recommend fee for service firms for SAM registration There are firms that offer fee for services to assist small businesses in a variety of ways. Registration in SAM, proposal preparations, certifications (not authorized by SBA) assistance in getting on GSA Federal Supply Schedules and so forth. No government official should be promoting any individual business’ services or products as this implies endorsement of one firm over all others. The government has to remain impartial.  If you come across something that you think is great, encourage that firm to market itself, but do not market on their behalf.  The government, through the Department of Defense established the Procurement Technical Assistance Program (PTAP) who have centers throughout the country that do provide this and many other services – most of which are at no cost to a firm.”  

Market Research and New WOSB NAICS codes 1102 FIRST WEDNESDAY VIRTUAL LEARNING SERIES 2016” 9:30 to 10:30 Central Time Market Research and New WOSB NAICS codes 11/15/2018 FY 2016    Topic Presenters SBA Area 1 October 7, 2015 8(a) Business Development Jackquline Robinson-Burnette HDQTRS 2 November 4, 2015 Women-Owned Small Business Ken Silvia III 3 December 2, 2015 SBA Surveillance Reviews 2016 Valerie Coleman V 4 January 6, 2016 Consolidation/Bundling Jan Kaiser IV 5 February 3, 2016 SDVOSB Keith Waye I 6 March 2, 2016 Strategic Sourcing Tom Krusemark 7 April 6, 2016 Market Research: Dynamic Small Bus Search 8 May 4, 2016 HUBZones Mariana Pardo/Alison Mueller 9 June 1, 2016 SBA Size Standards David Gordon 10 July 13, 2016 Nonmanufacturer Rule Janice Nietes VI 11 August 3, 2016 SBA Subcontracting Assistance (CMRS) Stephanie Lewis 12 August 17, 2016 Market Research: Using FPDS Randall Johnston Dwight.Johnson@sba.gov (402) 221-7206

One Continuous Learning Point Self-service: Fill in your name on the certificate slide and save. Phoning in only? Send an email immediately to sbalearning@sba.gov to verify your participation. If you listen in groups, send emails fo participants in an excel document with email addresses Post program email. This contains a time sensitive .wmv recording, a transcript of the program, along with another copy of the program PowerPoint. Welcome and thank-you for your support of small business.

“SBA 1st First Wednesday Virtual Learning 2016” Market Research and New WOSB NAICS codes 11/15/2018 “Exceeding Your Goals” “Market Research Using Dynamic Small Business Search & New WOSB/EDWOSB NAICS Codes” Valerie Coleman Procurement Center Representative SBA Office of Government Contracting, Area V, Houston “SBA 1st First Wednesday Virtual Learning 2016” sbalearning@sba.gov Dwight.Johnson@sba.gov (402) 221-7206

Market Research and New WOSB NAICS codes 11/15/2018 What we are going to cover 1. FAR 10 Market Research: Start with small business 2. “Dynamic Small Business Search” (“DSBS”) – Live sources sought 3. WOSB/EDWOSB NAICS codes 11/15/2018 Dwight.Johnson@sba.gov (402) 221-7206

First - Some Regs… FAR Part 2.101 – Definition of market research: Collecting & analyzing information about capabilities within the market to satisfy agency needs. FAR Part 7.102 – Acquisition planning policy: (a) Agencies shall perform acquisition planning and conduct market research (FAR Part 10) for all acquisitions… 11/15/2018

Think small business 11/15/2018 Use market research to craft a strategy, not to validate a pre- existing strategy Make the research “small business friendly” Begin with a with a mindset that small business can perform until your documented research shows otherwise. 11/15/2018

Rule of Two FAR 19.502-2 (a) reserves acquisitions of over $3,000 and $150,000 for small business. FAR 19.502-2(b) – b) The contracting officer shall set aside any acquisition over $150,000 for small business participation when there is a reasonable expectation that: (1) offers will be obtained from at least two responsible small business concerns….; and (2) award will be made at fair market prices. 11/15/2018

Parity FAR 19.203(a) Policies - Relationship among small business programs (parity) for procurements valued over $150,000 based upon market research #1 First consider HUBZone or 8(a) or SDVOSB or WOSB or EDWOSB set-asides. (You do not mix and match.) #2 Then, small business set aside #3 Finally, full and open competition 11/15/2018

Parity - FAR Part 19.203 (d) In determining which socioeconomic program to use for an acquisition, the contracting officer should consider, at a minimum— (1) Results of market research that was done to determine if there are socioeconomic firms capable of satisfying the agency's requirement; and   (2) Agency progress in fulfilling its small business goals 11/15/2018

SBA Procurement Center Representatives (PCR) Market Research and New WOSB NAICS codes SBA Procurement Center Representatives (PCR) 11/15/2018 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. 11/15/2018 Dwight.Johnson@sba.gov (402) 221-7206

Market Research and New WOSB NAICS codes 11/15/2018 PCRs, continued 19.402  Small Business Administration procurement center representatives. (2) If a SBA procurement center representative is not assigned to the procuring activity or contract administration office…See http://www.sba.gov/GC/pcr.html.... (b) Upon their request…. contracting officers shall give SBA procurement center representatives….. access to all reasonably obtainable contract information that is directly pertinent to their official duties. 11/15/2018 Dwight.Johnson@sba.gov (402) 221-7206

EDWOSB/WOSB www.sba.gov/wosb Set-aside program implemented Feb. 2011 New codes effective March 3, 2016 113 New Codes 92 – WOSB 21 – EDWOSB The original set of 83 NAICS industry groups will remain effective for all solicitations published prior to the effective date of the new 2016 NAICS industry groups. www.sba.gov/wosb

“Dynamic Small Business Search” or DSBS Market Research and New WOSB NAICS codes 11/15/2018 “Dynamic Small Business Search” or DSBS Know the system Justify the area you search Use codes and/or key words Call to see if the small business has the capacity Call to see if the small business will participate Your “market research friend” 11/15/2018 Dwight.Johnson@sba.gov (402) 221-7206

DSBS at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm 11/15/2018

Search “DSBS” by NAICS code or key word 19.102 Size standards. (a)(1) The SBA establishes small business size standards on an industry-by-industry basis… Small business size standards matched to industry NAICS .. at http://www.sba.gov/content/table-small-business-size- standards. (b) Small business size standards are applied by— (3) Specifying the size standard in the solicitation so that offerors can appropriately represent themselves as small or large. 11/15/2018

Doing a “sources sought” with Dynamic Small Business Search Market Research and New WOSB NAICS codes Small business market research and coordinating with SBA November 15, 2018 11/15/2018 Doing a “sources sought” with Dynamic Small Business Search Write Sources Sought and paste into the body of an email Send the email to yourself Search “Dynamic Small Business Search” and gather email addresses using NAICS code(s)/and-or key words “Save email messages for all” from your DSBS search Cut and paste emails into BCC A tool available that may supplement a regular FBO sources sought with targeted communications 11/15/2018 23 Dwight.Johnson@sba.gov SBA Office of Government Contracting, Omaha 402.221.7206 Dwight.Johnson@sba.gov (402) 221-7206 23

“Save email messages for all” from your DSBS search November 15, 2018 11/15/2018 24

Cut and paste emails into BCC of outlook November 15, 2018 11/15/2018 25

Talking through the process Live, on-line DSBS and Sources Sought for those logged in to the webinar For those phone only, go to the DSBS link you opened when we started.

“SBA 1st First Wednesday Virtual Learning 2016” Market Research and New WOSB NAICS codes 11/15/2018 “Exceeding Your Goals” “Market Research Using Dynamic Small Business Search & New WOSB/EDWOSB NAICS Codes” Valerie Coleman Procurement Center Representative SBA Office of Government Contracting, Area V, Houston “SBA 1st First Wednesday Virtual Learning 2016” sbalearning@sba.gov Dwight.Johnson@sba.gov (402) 221-7206

”SBA Quick Reference: Whom to Contact for What”

Dynamic Small Business Search Dynamic Small Business Search is alive and well. Link: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

Summary of CFR regulations SBA on Small Business Joint Ventures Strategic Sourcing SBA on Small Business Joint Ventures 11/15/2018 11/15/2018 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 11/15/2018 6:50 PM 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 30 30

FIVE TYPES OF SBA CONTACTS & OFFICES SBA on Small Business Joint Ventures Small Business Jobs Act and Changes Strategic Sourcing 11/15/2018 11/15/2018 11/15/2018 11/15/2018 FIVE TYPES OF SBA CONTACTS & OFFICES A. SBA Government Contracting Area Offices B. SBA Procurement Center Representatives (PCRs) C. SBA Commercial Market Representatives (CMRs) D. SBA District Offices E. 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 31 31

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

A. SBA Quick Reference - SBA Area Offices Small Business Jobs Act and Changes SBA on Small Business Joint Ventures Strategic Sourcing 11/15/2018 11/15/2018 11/15/2018 11/15/2018 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 11/15/2018 6:50 PM 33 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 33 33

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 11/15/2018 6:50 PM

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 Small business review form 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.

Prime contractor portfolio management 13 CFR 125.3 Strategic Sourcing 11/15/2018 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 Strategic Sourcing 11/15/2018 11/15/2018 11/15/2018 11/15/2018 D. SBA Quick Reference – SBA Regional and District Offices Link to district offices at: http://www.sba.gov/about-offices-list/3 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

D. SBA Quick Reference - SBA District Offices, cont. SBA on Small Business Joint Ventures Small Business Jobs Act and Changes Strategic Sourcing 11/15/2018 11/15/2018 11/15/2018 11/15/2018 D. SBA Quick Reference - SBA District Offices, cont. To locate SBA 8(a) 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 40 40

E. SBA Quick Reference - SBA Headquarters Small Business Jobs Act and Changes SBA on Small Business Joint Ventures Strategic Sourcing 11/15/2018 11/15/2018 11/15/2018 11/15/2018 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 11/15/2018 6:50 PM 41 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 41 41

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))

Strategic Sourcing 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

WOSB Repository Due to the system upgrade, access to the WOSB Federal Contract Program Repository will be temporarily unavailable for contracting officers (CO), starting on Wednesday, March 23 at 1:00 EDT.  This may be down for several weeks.   During this time, in order to comply with the WOSB Program requirements at 13 CFR 127.301 and FAR 19.1505(e) (specifying that a CO shall verify that an apparent successful offeror has provided all the required documents set forth in 127.300(e) to the WOSB Repository), SBA will review the Repository on behalf of a CO. A CO may request that SBA review the Repository on their behalf by sending an email to wosb@sba.gov (link sends e-mail) with the following in the subject line: "PENDING AWARD UNDER FAR 19.505(e) VERIFICATION REQUEST- SOLICITATION NUMBER [insert solicitation number]."   In the body of the email, the CO should provide the following: provide the apparent successful offeror’s DUNS, EIN, FIRM NAME, OWNER NAME; indicate whether the pending award is a WOSB or EDWOSB set-aside or sole source award; specify the NAICS code assigned to the procurement; and identify the State where the CO is located. Within 2 business days, SBA will perform the necessary check to determine whether the apparently successful offeror has filed all the required eligibility documents and provide the CO with an email response which either: (a) notifies the CO that all required documents have been provided or (b) identifies which documents are missing in order to allow the CO to file a status protest in accordance with SBA regulations and the FAR. Emails for this information will be processed only for Contracting Officers.  See the link: www.sba.gov/wosb