Joyce Thurmond 404/ ext. 205 Procurement Center Representative: An Advocate, A Resource

Basis for SBA Programs Small Business Act –Implements Congressional Policy to aid, counsel, assist & protect the interests of small business concerns –Goal of policy is to ensure that a fair proportion of purchases, contracts & subcontracts be placed with small businesses

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

PCRs  Coordinate with contracting activities  Review acquisitions  Recommend Set-asides  Review Bundling Cases  Review Solicitations

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), SDB & SB firms –advise agencies & SBs on SBA programs –initiate secretarial appeals

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)

What PCRs Do  Perform Market Research  Provide Training  Perform Surveillance Reviews  Interface with Others  Perform Outreach

What PCRs Do  Attend Training Events  Promote SBA Programs  Mediate SB Issues  Monitor Public Notices  Counsel small & large businesses, Federal Agencies

What PCRs See  Small Business Review Form  Government Estimate  J&A  Statement of Work  Acquisition Plan  Market Survey

What PCRs See  Procurement Request  Purchase History  Synopses  Source Selection Criteria  A-76 Information

What PCRs See  Sensitive Information  Set-aside appeals  Certificate of Competency Request  Subcontracting Plans  Bid Abstracts

What PCRs Hide  Procurement Sensitive  Proprietary Information  Source Selection Information  Prices  Subcontracting Plans  Classified drawings  “FOUO”  Handling Congressional Inquiries

What PCRs Share  General Information  “In the Public Domain”  Forecasts  Synopsis Notices  Solicitations  Encourage Freedom of Information Act Requests

Size Determinations IAW 13 CFR 121 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. POC for Area 3: Mitchell Morand

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 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 independent review by the SBA for the areas of: CapabilityCompetencyCredit CapacityPerseverance & Tenacity IntegrityLimitations on Subcontracting Written referrals for firms located in GA, AL, FL, MS, TN, KY, SC and NC must be sent to: SBA Area Director; 233 Peachtree Street Suite 1805; Atlanta, GA For firms in other states, go to

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.

Regulatory Compliance Market Research: Is research used to make set-aside decisions? Is it used to expand the source list and thereby solicit additional small businesses? Are the results included in the contract file or small business coordination record?

Regulatory Compliance Publicizing Acquisitions: Use of FedBizOpps. Timing of synopses and length of time to respond. Availability of copies to small businesses. Use of electronic means to post opportunities.

Regulatory Compliance Encouraging Participation: Solicitations contain reasonably small lots to allow SBs to offer; Buys are restructured when possible to encourage SBs; Multi-award scenarios consider one to 8(a), one to HUBZone, etc. Delivery schedules are reasonable.

Regulatory Compliance Did the PCR have 30 days to review and comment? Was market research conducted and considered? What efforts were made to mitigate adverse impact on SBs? Are evaluation factors & sub-factors included to reduce adverse impact? Is bundling justified? Are benefits documented? Are personnel trained in bundling issues? Bundling Issues

Required Clauses  Representations & Certifications  Set-asides  Subcontracting Limitations  Utilization of SBs  Subcontracting Plan  Liquidated Damages – Subcontracting  8(a) contract conditions  8(a) special conditions  Reps for Comp Demo Program (DOD)  SDB Price Evaluation Preference  SDB Participation  HUBZone Price Evaluation Preference  Equal Low Bids

Subcontracting Plans  Plans are required, submitted, negotiated, reviewed by SBS & PCR, approved, incorporated into the contract, distributed to the cognizant CAO & SBA Area Office.  “No opportunities” determinations are documented and approved.  Low and zero goals are challenged.  SDB goals less than 5% are challenged.

Subcontracting Plans  Large businesses commit to using SUB-Net and SAM tools to publicize opportunities and identify sources.  Compliance with past plans is considered.  Approved plans are monitored for future compliance.

Subcontracting Plans  Commercial plans are renewed annually;  Comprehensive plans are renewed annually;  Liquidated damages or contract termination are considered for non-compliance with plans;  Plans are revised when mods exceed $500,000;  Training & workshops are presented to acquisition personnel.