1. SBA 1st First Wednesday Virtual Learning 2017
“The 8(a) Business
Development Program”
SBA 1st First Wednesday Virtual Learning 2017

2. Hosts Jan Kaiser, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Chicago
(312)
Deborah Crumity, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Rock Island Arsenal
(309)

3. 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
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

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

5. FIRST WEDNESDAY VIRTUAL LEARNING SERIES – 2017 SCHEDULE 9:30 to 10:30 Central Time
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
Certificate of Competency Program 6
March 1, 2017
Historically Underutilized Business Zones 7
April 12, 2017
Subcontracting Plan Compliance 8
May 3, 2017
Woman Owned Small Business 9
June 7, 2017
Size and Affiliation 10
July 12, 2017
Consolidation and Bundling 11
August 2, 2017
8(a) Business Development
The program schedule above is for information only and is subject to change.

6. Thank You to our 2017 audience
We will return on OCT 4, 2017 for the 2018 First Wednesday Learning Series with the revised afternoon time of 2:00 – 3:00 p.m. Eastern.

7. One Continuous Learning Point
Self-service: Using the PowerPoint that was sent with your invitation for this training event, 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 all attendees to be included on the future mailing list, send addresses of participants in an excel document to

8. Presenters Van Tran, Director Office of Certification & Eligibility
Office of Business Development & Government Contracting
(202)
K.A. Perkins, Business Management Specialist
Office of Management & Technical Assistance
(202)
Laura Foster, Attorney Advisor
Office of General Counsel
(202)

9. Certification & Eligibility
8(a) Business Development (BD) Program Overview

10. 8(a) Application Process

11. Eligibility Requirements
SBA REGULATIONS
13 CFR §124 *
U.S. Citizens
13 CFR §
Size
13 CFR §
Social Disadvantage
13 CFR §
Economic Disadvantage
13 CFR §
Ownership
13 CFR §
Control and Management
13 CFR §
Potential for Success
13 CFR §
Other: Good Character, One-Time Eligibility, & Federal Financial Obligations
13 CFR §
Eligibility Requirements
*Click “Title 13”, Then “Part 124”

12. For 8(a) Continuing Eligibility Questions…
Van Tran Director Office of Certification & Eligibility Office of Business Development & Government Contracting Small Business Administration
For 8(a) Continuing Eligibility Questions…

13. Construction & Bona Fide Offices
The What, When, Where, Why, and How for Contracting Professionals

14. Agenda Authority Bona Fides Defined Bona Fide Determinations
Determinations of Eligibility
Offer Letters
Geographical Boundaries
Exercises
Agenda

15. Authority

16. This statutory provision is intended to promote efficiency and cost-effectiveness in fulfilling construction requirements. Because of the capital intensity of construction projects (i.e., equipment, etc.), costs should be lower the closer the contractor is to the construction project.
SOP , Chapter 4D – Construction & Bona Fide Offices
Authority

17. “[T]o the maximum extent practicable, 8(a) construction requirements should be awarded to an 8(a) Participant firm within the county or State where the work is to be performed.
Section 8(a)(11) of the Small Business Act (15 U.S.C. §637(a)(11))
Authority

18. Bona fides defined

19. What is a Bona Fide Place of Business?
“[F]or purposes of 8(a) construction procurements, means a location where a Participant regularly maintains an office which employs at least one full-time individual within the appropriate geographical boundary. The term does not include construction trailers or other temporary construction sites.
13 CFR §124.3
What is a Bona Fide Place of Business?

20. “Regularly Maintains”
Meaning
Evidence
“…conducting business activities as an on-going business concern from a fixed location on a daily basis.”
13 CFR §124.3
Third Party Transactions
Lease Agreements
Payroll Records
Advertisements
Bills
Correspondence
Local Licensing or Filings
Construction License
“Regularly Maintains”

21. “Full-Time Individual”
Meaning
Evidence
“…conducting business activities of the Participant during normal business hours”
Individual may not work for any other person/entity during normal business hours
Employees obtained from temporary employment agencies and the like may be considered employees
13 CFR §124.3 &
SOP , Chapter 4D
Employee Agreements
Payroll Records
Tax Documentation
Employee Benefits Documentation
“Full-Time Individual”

22. Bona fide determinations

23. Bona Fide Determinations: Overview
Participant Wants Bona Fide Office in a Designated Geographical Area
Servicing DO Processes Package
Servicing DO Submits Package to DO in Designated Geographical Area
DO Has 10 Working Days to Conduct Site Visit
DO Has Five (5) Working Days to Make Bona Fide Office Determination
Participant Either Receives a Bona Fide Letter or Denial is Escalated to OMTA
Bona Fide Determinations: Overview

24. Bona Fide Determinations
If DO Grants the Bona Fide
If DO Denies the Bona Fide
DO Will Issue the Participant an Official Letter
The Letter is Valid as Long as there are no Material Changes
DO may Reevaluate Status at Any Time
The DO Must Submit Bona Fide to OMTA for AA/BD Approval
The Participant Bears the Burden of Proof
A Participant may Reapply at Any time
Bona Fide Determinations

25. Eligibility determinations

26. Eligibility Determination: Factors1
a small business under the requirement's NAICS code 2
in compliance w/ its competitive business mix target, as applicable 3
in the development stage if restricted in solicitation 4
a concern with a bona fide place of business in applicable geographical area (construction)
Eligibility is based on 8(a) BD program criteria, including whether the Participant is…
13 CFR § (b)(2)
Eligibility Determination: Factors

27. Eligibility Determination: Overview
How will SBA Determine Participant Eligibility in Sealed Bid vs. Negotiated Acquisitions?
5 Days to Determine Eligibility
Request to Servicing DO
Apparent Successful Offeror
(Negotiated)
First Low Offer (Sealed Bid)
Eligibility Determination: Overview

28. Eligibility Determination: Overview
5 Days to Determine Eligibility
Request to Servicing DO
Apparent Successful Offeror
(Negotiated)
First Low Offer (Sealed Bid)
Determining eligibility continues until an eligible offeror is identified
If procuring agency believes apparent successful offeror is not responsible, SBA must conduct a COC
Eligibility Determination: Overview

29. Eligibility Determination: Overview
5 Days to Determine Eligibility
Request to Servicing DO
Apparent Successful Offeror
(Negotiated)
First Low Offer (Sealed Bid)
Servicing DO conducts eligibility determination
Eligibility determination includes bona fide place of business status
Servicing DO must rely on reviewing DO’s place of business status determination
Eligibility Determination: Overview

30. Eligibility Determination: Overview
5 Days to Determine Eligibility
Request to Servicing DO
Apparent Successful Offeror
(Negotiated)
First Low Offer (Sealed Bid)
Eligibility of competitive construction requirements are determined as of the date of a Participant’s initial offer, including price
Eligibility of sole-source construction requirements are determined as of the date SBA accepts the requirement
Eligibility Determination: Overview

31. Offer letters

32. Where to Send Your Offer Letter: Sole Source
Where you submit an offering letter depends on the requirement
Sole Source
Submit to the Servicing DO of that Concern
Competitive
Submit to the DO Serving the Geographical Area of Procuring Activity
All Construction (Except Overseas)
Submit to the DO Serving the Geographical Area Where the Work is Performed
Overseas Construction
Submit to SBA Business Development at Headquarters
Where to Send Your Offer Letter: Sole Source

33. Processing Offer Letters
Sole Source
5 Working Days to Accept or Reject
Acceptance Includes Size Verification & Eligibility Determination
If No Response, Agency May Assume Acceptance After 5 Working Days
Competitive
2 Working Days from CO’s Request to Issue Eligibility Determination
Under SAT
No Offer/ Acceptance Required
2 Working Days to Accept or Reject
A Negative Eligibility Determination is Submitted to Procurement Activity & Participant
If No Response, Contractor Performance is Authorized After 2 Working Days
Processing Offer Letters

34. Competitive & Open Sole Source
Competitive 8(a) Sole Source
8(a) Open Sole Source
Must Submit the Offer Letter to the DO Where the Work is to be Performed
If the Work is in More than one Geographical Area, Choose the DO where Most of the Work Will be Performed
In this case, OMTA Makes Final Determination
Must Submit the Offer Letter to the DO Where the Work is to be Performed
The DO will nominate an eligible participant
Priority of finding an eligible firm starts at the DO level, the surrounding DO, Regional, National, and may be referred to AA/BD if eligible Participant can’t be found
Competitive & Open Sole Source

35. Geographical boundaries

36. If the work will be performed in more than one area, the requirement will be offered to the DO servicing the geographical area where the majority of the work is to be performed
The DO must immediately forward the requirement to the AA/BD or designee via the D/MTA so that a geographical determination can be conducted
GB: The Basics

37. GB: The Approval Process
When an agency believes there’s enough competition to limit the geographical boundary…
OMTA within SBA Headquarters makes the determination
SBA will consider the number of firms within the DO’s portfolio with the capacity to perform the requirement
When competition appears insufficient, SBA will consider expanding the geographical boundaries
Only those Participants with bona fide places of business within the established geographic boundary are eligible to submit offers
The AA/BD, or designee, will determine whether a competitive 8(a) construction requirement should be competed within the geographical boundaries of one or more SBA DOs, within a state, or within the state and nearby areas.
In establishing a competitive boundary, the AA/BD, through the D/MTA, will consider the number of firms within the DO’s portfolio that have the capacity to perform the requirement.
When it appears there would not be a sufficient number of firms to establish competition, the AA/BD will consider expanding the geographical boundaries to ensure competition.
Only those Participants with bona fide places of business within the established geographic boundary are eligible to submit offers.
GB: The Approval Process

38. exercises

39. True or false. All 8(a) Participants must have a bona fide place of business as part of the 8(a) BD Program.
False. Construction 8(a) Participants must have a bona fide place of work in the applicable geographical area of the requirement.
Exercise 1

40. True or false. The purpose of the bona fide office requirement is to promote efficiency and cost- effectiveness in fulfilling construction requirements.
True.
Exercise 2

41. True or false. Although trailers with wheels not bona fide offices, trailers without wheels are. The wheels signify the intent to move.
False. 13 CFR §124.3 makes the distinction between temporary and fixed places of business but does not make an exception for trailers without wheels.
Exercise 3

42. True or false. Once a reviewing DO receives a bona fide package from the servicing DO it has 10 days to make a determination.
False. The reviewing DO has 10 days to perform a site visit and then five (5) days to make a determination.
Exercise 4

43. True or false. Once a reviewing DO denies a prospective bona fide package, SBA Headquarters must review the package to make a determination. If SBA Headquarters agrees, the Participant can re-submit its package at any time.
True.
Exercise 5

44. True or false. For all construction requirements except overseas construction, the agency must submit its offer letter to the district office where the work will be performed.
True.
Exercise 6

45. True or false. SBA has five working days to approve/reject sole-source, competitive, and under-SAT offer letters.
False. Although agencies are not required to submit offer letters for under-SAT requirements, SBA has two (2) days to approve/reject and five (5) days to approve/reject sole-source and competitive offer letters.
Exercise 7

46. True or false. SBA will consider the number of firms within the DO’s portfolio with the capacity to perform the requirement.
True.
Exercise 8

47. For 8(a) Contracting Questions…
K.A. Perkins Business Management Specialist Office of Management & Technical Assistance Office of Business Development & Government Contracting Small Business Administration
For 8(a) Contracting Questions…

48. Questions

49. ”SBA Quick Reference”

50. Dynamic Small Business Search

51. Summary of CFR Regulations
SBA Size Regulations 13 CFR Part 121
HUBZone Regulations 13 CFR
SBA Certificate of Competency 13 CFR 125.5
Service-Disabled Veteran 13 CFR (b)
8(a) and SDB Regulations 13 CFR
Small Disadvantaged Business 13 CFR (f)
WOSB Program 13 CFR 127
SBA Prime Contracting 13 CFR 125.2
SBA Subcontracting 13 CFR 125.3 51 51

52. 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 52 52

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

54. A. SBA Quick Reference - SBA Area Offices
1. Size protests (with recertification) FAR
13 CFR
13 CFR
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
13 CFR 125.6(f)
5. Receiving copies subcontracting plans
FAR

55. B. SBA Quick Reference - SBA Procurement Center Representatives (PCRs)
FAR   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….

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

57. 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…

58. Document that you have provided SBA Area Directors with copies of subcontracting plans
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.

59. C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at:
Prime contractor portfolio management 13 CFR 125.3
Reviews of subcontracting plan holders 13 CFR 125.3
Matchmaking CFR 125.3
SBA SUB-Net link at:
SBA Subcontracting Opportunities Directory link at:
“SBLO Handbook” link at:

60. D. SBA Quick Reference – SBA Regional and District Offices
Link to district offices at:

61. 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: and then local resources at the link

62. E. SBA Quick Reference - SBA Headquarters
1. HUBZone status protests FAR  
13 CFR
2. NAICS code appeal FAR
13 CFR
3. Non-manufacturer rule waivers FAR (f)(1)-(7)
13 CFR
4. SDVOSB status protest FAR
13 CFR
5. WOSB Program status protest FAR /13 CFR

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

64. 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 (f)(7)(B)) *note: THE far HAS NOT BEEN UPDATED TO AGREE WITH THE sba’S CHANGE IN maY 2016 TO $150k OR LESS IN 13 cfr

65. NMR Program Office
The preferred and most expeditious method for asking questions and submitting waiver requests is by to

66. SBA 1st First Wednesday Virtual Learning 2017
Find your PCR at
SBA 1st First Wednesday Virtual Learning 2017