IF I WERE A SMALL BUSINESS

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IF I WERE A SMALL BUSINESS
Mark J. Lumer Contracting Executive U.S. Army
Space and Missile Defense Command
Distribution A. Approved for public release
distribution unlimited.
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IF I WERE A SMALL BUSINESS.
ID BE CONCERNED ABOUT IMPLEMENTATION
OF THE 803 REQUIREMENTS BY DOD WHEN USING GSA
SCHEDULES THE NEW DEFINITION OF
BUNDLING FROM THE SBA THE NEW SOLE
SOURCE/SET-ASIDE AUTHORITY FOR U.S. DISABLED
VETERAN OWNED SMALL BUSINESSES
HAVING EMPLOYEES REFERRED FOR PROSECUTION
FOR ACTIONS ARISING DURING CONTRACT
PERFORMANCE

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BUNDLING/CONSOLIDATION
NEW SBA RULE EFECTIVE OCTOBER 20, 2003
NOW APPLIES TO MULTIPLE AWARD CONTRACTS
AND TASK/DELIVERY ORDERS UNDER THEM
MANDATES COORDINATION WITH SMALL BUSINESS
SPECIALISTS

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BUNDLING/CONSOLIDATION(CONTINUED)
REDEFINES BUNDLING OR BUNDLED
REQUIREMENT? REFERS TO CONSOLIDATION OF TWO OR
MORE REQUIREMENTS INTO A SOLICITATION WHERE ONE
AWARD IS CONTEMPLATED THAT IS LIKELY TO BE
UNSUITABLE FOR AWARD TO A SMALL BUSINESS
UNSUITABILITY MAY BE DUE TO ? DIVERSITY,
SIZE OR SPECIALIZED NATURE OF PERFORMANCE ?
AGGREGATE DOLLAR AMOUNT ? GEOGRAPHICAL
DISPERSION OF PERFORMANCE SITES ?
COMBINATION OF ABOVE

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PROVISIONAL AWARD FEE PAYMENTS
EFFECTIVE DATE JANUARY 13, 2004, BUT
MAY BE USED IN EARLIER SOLICITATIONS PROVIDED
CONTRACT AWARD IS ON OR AFTER JANUARY 13,
2004 REQUIREMENTS CONTRACTOR MUST HAVE
PRIOR SUCCESSFUL EVALUATIONS AND USE WILL NOT
DIMINISH EFFECTIVENESS OF THE INCENTIVE

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PROVISIONAL AWARD FEE PAYMENTS(CONTINUED)
CEILING 50 OF AWARD FEE AVAILABLE
DURING INITIAL PERIOD AND MAY NOT EXCEED
80 OF THE PREVIOUS RATING TIMES THE CURRENT
PERIODS AWARD FEE POOL OVERPAYMENTS
MUST IMMEDIATELY BE RETURNED OR CREDITED
BOTTOM LINE THIS CHANGES THE TIMING OF
AWARD FEE PAYMENTS, NOT THE UNDERLYING
ENTITLEMENT AWARD FEE MUST STILL BE EARNED

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IF I WERE A SMALL BUSINESS.
AND I WANTED TO DO WORK IN IRAQ, ID THINK
ABOUT 1. SECURITY (PERSONAL AND SHIPMENT)
2. DEFENSE BASE ACT 3. CAPTURE AND
DETENTION CLAUSE 4. MEDICAL/LIFE INSURANCE
PLANS 5. TRANSPORTATION OF WOUNDED/KIA
EMPLOYEES 6. SPECIAL BENEFITS 7.
CONTRACT TYPE

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IF I WERE A SMALL BUSINESS.
ID PAY A LOT OF ATTENTION TO THE 2005 DOD
AUTHORIZATION ACT. HERES JUST A FEW
HIGHLIGHTS EXTENDS THE MENTOR-PROTÉGÉ
PROGRAM TO SEPTEMBER 30, 2010 EXTENDS
MENTOR-PROTÉGÉ ELIGIBILITY TO HUBZONE COMPANIES
AND DISABLED U.S. VETERAN OWNED SMALL BUSINESSES
EXTENDS THE TEST OF COMPREHENSIVE SMALL
BUSINESS SUBCONTRACTING PLANS TO SEPTEMBER 30,
2010

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IF I WERE A SMALL BUSINESS.(CONTINUED)
INCREASES HEAD OF CONTRACTING AUTHORITY
TO APPROVE NON-COMPETITIVE AWARDS FROM 50
MILLION TO 75 MILLION INCREASES
MULTIYEAR TASK AND DELIVERY ORDER CONTRACT PERIOD
TO UP TO TEN YEARS, INSTEAD OF FIVE YEARS
CURRENTLY ESTABLISHES A CONFLICT OF
INTEREST REVIEW BY A CONTRACTING OFFICER WHEN
CONTRACTING FOR FUNCTIONS CLOSELY ASSOCIATED WITH
INHERENTLY GOVERNMENTAL FUNCTIONS

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IF I WERE A SMALL BUSINESS.
ID STUDY THE 2005 DOD AUTHORIZATION ACT
BECAUSE IT INCREASES THRESHHOLDS FOR
PURCHASES OUTSIDE THE IN SUPPORT OF CONTINGENCY
OPERATIONS OR IN RESPONSE TO AN NBC ATTACK ON THE
U.S. SIMPLIFIED ACQUISITION RAISED FROM
500K TO 1 MILLION MICROPURCHASES
RAISED FROM 15K TO 25K IT EXTENDS USING
SIMPLIFIED ACQUISITION PROCEDURES FOR COMMERCIAL
ITEMS UP TO 5 MILLION FROM JANUARY 2006 TO
JANUARY 2008 IT GIVES FEDERAL EMPLOYEES
THE RIGHT TO PROTEST TO GAO ON A-76 PROCUREMENT
ACTIONS

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IF I WERE A SMALL BUSINESS.
2005 DEFENSE AUTHORIZATION ACT (CONTINUED)
CREATES A NEW STREAMLINED ACQUISITION PROCESS
TO RESPOND TO COMBAT EMERGENCIES SECDEF
WILL APPOINT A SENIOR DOD OFFICIAL TO GET A
CONTRACT FOR THE NEEDED EQUIPMENT AWARDED
WITHIN 15 DAYS THE AUTHORIZED OFFICIAL
CAN WAIVE ANY LAW, POLICY, DIRECTIVE OR
REGULATION THAT WOULD IMPEDE ACQUISITION AND
DEPLOYMENT OF THE EQUIPMENT, IN THE FOLLOWING
AREAS REQUIREMENTS DETERMINATION
RDTE SOLICITATION, SELECTION OF SOURCES
AND AWARD

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IF I WERE A SMALL BUSINESS.
2005 DEFENSE AUTHORIZATION ACT (CONTINUED)
PROVIDED NO SECTION OF THIS LAW CAN BE
WAIVED NO LAW IMPOSING CIVIL OR CRIMINAL
PENALTIES CAN BE WAIVED NO MORE
THAN 100 MILLION WORTH OF EQUIPMENT MAY BE
PROCURED ANNUALLY USING THIS AUTHORITY
ANY TYPE OF FUNDS MAY BE USED SECDEF
MUST DETERMINE THAT COMBAT FATALITIES HAVE
OCCURRED BECAUSE OF A COMBAT CAPABILITY DEFICIENCY

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IF I WERE A SMALL BUSINESS.
2005 DEFENSE AUTHORIZATION ACT (CONTINUED)
ESTABLISHES A PILOT PROGRAM FOR THE ARMY TO
PURCHASE LOCAL GOVERNMENTAL SERVICES AT UP TO TWO
ARMY INSTALLATIONS FROM THE LOCAL GOVERNMENT
SERVICES COVER ? REFUSE COLLECTION AND
DISPOSAL LIBRARY SERVICES RECREATION
SERVICES FACILITY MAINTENANCE AND
REPAIR UTILITIES THIS MAY CREATE
SIGNIFICANT OPPORTUNITIES FOR SMALL BUSINESSES
THAT SUPPLY THESE SERVICES TO MUNICIPALITIES
CLOSE TO ARMY BASES

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IF I WERE A SMALL BUSINESS.
2005 DEFENSE AUTHORIZATION ACT (CONTINUED)
PLACES LIMITS ON CONVERTING PUBLIC JOBS TO
PRIVATE JOBS UNLESS THERE ARE SAVINGS OF
AT LEAST 10 MILLION OR 10 OF THE CONTRACT
AND DOD DOES NOT BREAK UP FUNCTIONS TO GET
BELOW THRESHHOLDS RECOGNIZES THAT THE 2005
APPROPRIATIONS ACT PRECLUDES A PRIVATE COMPANY
FROM GETTING A COMPETITIVE ADVANTAGE BY REDUCING
HEALTH CARE BENEFITS FOR EMPLOYEES RULES
APPLY WHERE 10 OR MORE CIVILIAN EMPLOYEE JOBS ARE
INVOLVED