U.S. Small Business Administration Office of Government Contracting An Advocate, A Resource Presented by Larry Orr, Procurement Center Representative for Hawaii-Guam, Pacific Insular Areas

SBA Programs Small Business Act Implements Congressional Policy to aid, counsel, assist & protect the interests of small business concerns Goal of this policy is to ensure that a fair proportion of purchases, contracts & subcontracts are placed with small businesses Note: Use the Internet link to get to an online copy of the Small Business Act. http://www.sba.gov/library/lawroom.html

FAR Part 19, Public Laws, Code of Federal Regulations Procurement Programs Small business Small disadvantaged business (SDB) Women-owned small business (WOSB) HUBZone small business Veteran-owned small business (VOSB) Service-disabled VOSB (SDVOSB) FAR Part 19, Public Laws, Code of Federal Regulations

Small Business Contract Assistance Programs Prime Contract Assistance Small business set-aside program Procurement Preference Goaling Size Determination Program Waivers to the Non-Manufacturer Rule Natural Resources Program Certificate of Competency (COC) Subcontracting Assistance The internet link on this slide will connect you to the Government Contracting website, which includes points of contacts and resources for the programs noted here. http://www.sba.gov/GC/

Statutory Federal Agency Goals Subcontracting Assistance Statutory Federal Agency Goals Small Business (SB) -23% Small Disadvantaged Business (SDB) - 5% Women-Owned Small Business (WOSB) - 5% HUBZone Small Business - 3% Service-Disabled Veteran-Owned SB - 3% These are Congressionally mandated goals that must be established on a Government-wide basis. Individual agencies may have higher or lower goals. It is the responsibility of the SBA to ensure that the overall goal for the entire Government, for each socio-economic category, is not less than that set forth in Section 15(g) of the Small Business Act, as shown on this slide.

SBA’s Role in Subcontracting Types of Reviews Subcontracting Assistance SBA’s Role in Subcontracting Types of Reviews Pre-Award Subcontracting Plan Reviews SBA’s PCRs review subcontracting plans prior to contract award (in an advisory role) Post-Award Compliance Reviews SBA’s CMRs monitor goal achievement after contract award

Determining the Need for a Subcontracting Plan Subcontracting Assistance Determining the Need for a Subcontracting Plan Dollar Threshold: contract or contract mod is expected to exceed $650,000 ($1,000,000 for construction) Subcontracting possibilities: contract appears to offer subcontracting possibilities

Elements of a Subcontracting Plan Subcontracting Assistance Elements of a Subcontracting Plan A subcontracting plan must contain goals expressed in both dollars and percentages. Other required elements are set forth in the FAR at subpart 19.704 and in the clause at 52.219-9.

When subcontracting plans are not required Subcontracting Assistance When subcontracting plans are not required 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 52.219-8 (e.g., contracts awarded prior to PL 95-507)

What SBA Can and Cannot Do 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 % or $$ amounts Require the prime contractor to use a particular small business

PCRs Duties and responsibilities Coordinate with contracting activities Review acquisitions Recommend Set-asides Review Bundling Cases Review Solicitations Support Socio Economic Programs

What PCRs Do Attend Training Events Promote SBA Programs Mediate SB Issues Monitor Public Notices Counsel small & ‘other than small’ businesses, Federal Agencies Duties vary somewhat based upon the needs associated with an assignment, specific location, and workload. A resident PCR will do some things differently than a non-resident or liaison PCR.

PCRs Help ensure a fair portion of purchases go to Small Businesses of all types represent SBA at major buying activities review proposed acquisitions, including bundled procurements recommend requirements to be set aside for HUBZone, 8(a) & SB firms advise agencies & SBs on SBA programs initiate secretarial appeals, Form 70 FAR Part 19.402

What PCRs See Review Small Business Coordination DD2579 Government Estimate Sole Source Justifications (J&A) Statement of Work Acquisition Plan Market Survey To carry out their duties, PCRs look at these common elements. The information arrives in a variety of media - electronic format or hard copy - and each agency has its own form. In addition to different formats, the information is released to the PCR at varying stages of the procurement process - some of it is accessible immediately, while other information is not released until a specified point in the process, such as synopsis or award.

PCRs and Appeals An appeal is a 3 step appellant process: PCR issues a Form 70, “SBA Recommendation” to contracting officer (CO) If CO does not agree, PCR writes a letter of appeal to the Head of the Contracting Activity (HCA) If HCA denies appeal, PCR forwards to SBA HQ SBA Administrator appeals to the Agency Secretary or Administrator FAR Part 19.505

Important Websites http://www.sba.gov/ http://www.sba.gov/aboutsba/sbaprograms/gc/index.html GC website also has links to the HUBZone and CCR cites. http://www.fbo.gov/ Federal contracting opportunities. http://www.census.gov/epcd/www/naics.html NAICS code data

An Advocate for all types of small businesses. A resource for Your SBA Procurement Center Representative for Hawaii and Guam is Larry Orr 808-474-7317 PH Laurence.orr@navy.mil Larry.orr@sba.gov An Advocate for all types of small businesses. A resource for information and advice. This has been an introduction to the detailed information contained in the PCR Point Paper, also named “A Day in the Life of a PCR”.