U'S' Small Business Administration Office of Government Contracting Stephanie Lewis

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U.S. Small Business AdministrationOffice of
Government ContractingStephanie Lewis

• SBLO Training
• November 9, 2009

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U.S. Small Business Administration

• District Offices
• DFW [phone]
• http//www.sba.gov/localresources/district/tx/dall
  as/index.html
• Loans, Counseling, Start-Up, 8a Business
  Development
• Disaster Offices

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SBA

• Office of Government Contracting
• Prime Contracting
• Procurement Center Representative (PCR)
• Subcontracting
• Commercial Market Representative (CMR)
• Certificate of Competency
• Size Protest Program
• Timber Natural Resources

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Small Business Size

• The Cornerstone of Small Business Program
• Categories
• Small Business (SB)
• Small Disadvantaged Businesses (SDB)
• Women-owned Small Business (WOSB)
• HUBZone Small Business (HUBZone)
• Veterans Owned Small Business (VOSB)
• Services Disabled Veterans Owned SB (SDV)

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What is a Small Business concern?

• A concern that
• Does not exceed the size standard for the NAICS
  code applicable to the subcontract
• Is organized for profit
• Has a place of business in the U.S. and operates
  primarily in the U.S. or makes a significant
  contribution to the U.S.
• Affiliates are included in size calculation

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What is a Small Disadvantaged Business concern ?

• Has received certification as a small
  disadvantaged business concern consistent with
  13 CFR part 124, Subpart B
• Is identified, on the date of its representation,
  as a certified small disadvantaged business in
  the database maintained by the Small Business
  Administration.

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What is a Small Disadvantaged Business (SDB)
concern ?

• 8(a) firms are automatically small disadvantaged
  businesses
• SBA stopped certifying SDBs about a year ago
• In your subcontracting plans
• Alaskan Native Corporations and Indian Tribes can
  be counted as small businesses and small
  disadvantaged businesses, regardless of their
  size or SBA status

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What is a Women-owned Small Business (WOSB)
concern?

• At least 51 percent owned by one or more women,
  or, in the case of any publicly owned business,
  at least 51 percent of the stock of which is
  owned by one or more women and
• Whose management and daily business operations
  are controlled by one or more women.

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What is a HUBZone Small Business Concern?

• HUBZone small business concern means a small
  business concern that appears on the List of
  Qualified HUBZone Small Business Concerns
  maintained by the Small Business Administration.
• Increased HUBZone scrutiny
• De-certification
• State of Texas HUB Program

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What is a Veteran Owned Small Business (VOSB)
Concern?

• Veteran-owned small business concern means a
  small business concern
• (1) Not less than 51 percent of which is owned by
  one or more veterans (as defined at
  38 U.S.C. 101(2)) or, in the case of any publicly
  owned business, not less than 51 percent of the
  stock of which is owned by one or more veterans
  and
• (2) The management and daily business operations
  of which are controlled by one or more veterans.

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What is a Service Disabled Veterans Owned Small
Business (SDVOSB) Concern?

• A small business concern whereby
• (i) Not less than 51 percent of which is owned by
  one or more SDVs or, in the case of any publicly
  owned business, not less than 51 percent of the
  stock of which is owned by one or SDVs and
• (ii) The management and daily business operations
  of which are controlled by one or more
  service-disabled veterans or, in the case of a
  service-disabled veteran with permanent and
  severe disability, the spouse or permanent
  caregiver of such veteran.
• (2) Service-disabled veteran means a veteran, as
  defined in 38 U.S.C. 101(2), with a disability
  that is service-connected, as defined in
  38 U.S.C. 101(16).

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Counting SB Awards

• Count in all categories that the company
  qualifies for
• Not double-counting
• LB SB 100
• Large Business
• Small Business
• SDB
• WOSB
• HUBZone
• VOSB
• SDV

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What is self-certification?

• Self-representation
• SB, WOSB, VOSB SD-VOSB
• In writing
• See 13 CFR 121.410, 121.411
• Not okay verbal, database references, third
  party
• Must contain penalty for false misrepresentation

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Sample Size Self-certification

• Company Name _____________________
• Address _____________________
• City, State, Zip _____________________
• Contact Person _____________________
• Phone Fax Number_____________________
•  
• SIZE ______ Small Business
• ______ Certified by SBA as a Small
  Disadvantaged Business
  
• ______ Certified by SBA as a HUBZone Small
  Business
• ______ Woman Owned Small Business
• ______ Veteran Owned Small Business
• ______ Service Disabled Veteran
  Owned Small Business
• ______ Historically Black
  College/University or Minority Institution
• ______ Large Business (including non-profit)
• ______ Alaskan Native Corporation
• ______ Indian Tribe
• ______ Other Specify ______________________
•  
• You may wish to review the definitions for the
  above categories in the Federal Acquisition
  Regulation 19.7 or 52.219-8 (www.arnet.gov/far).
  If you have difficulty ascertaining your size
  status, please refer to SBAs website at
  www.sba.gov/size or contact your local SBA
  office.

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When do you determine a subcontractors size?

• 13 CFR 121.404(e)
• For subcontracting purposes, a concern must
  qualify as small as of the date that it certifies
  that it is small for the subcontract. The
  applicable size standard is that which is set
  forth in 121.410 and which is in effect at the
  time the concern self-certifies that it is small
  for the subcontract.
• A Blanket Purchase Agreement (BPA) is not a
  contract. Goods and services are acquired under a
  BPA when an order is issued. Thus, a concern's
  size may not be determined based on its size at
  the time of a response to a solicitation for a
  BPA.
• A follow-on or renewal contract is a new
  contracting action.

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What should you do if you receive a size protest?

• Forward it to SBA (13 CFR 121.1006)
• Who can protest (13 CFR 121.1001(a)(3))
• (i) The prime contractor
• (ii) The contracting officer
• (iii) Other potential subcontractors
• (iv) The responsible SBA Government Contracting
  Area Director or the Associate Administrator for
  Government Contracting and
• (v) Other interested parties.

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FAR 52.219-9 revision (April 2008)

• ESRS
• SF 294 Individual Subcontract Report
• SF 295 Summary Subcontract Report
• General Instructions incorporated into FAR
• Specific Instructions put in help bubbles
• Requires prime contractors to flow down of prime
  contract number, DUNS number and email address of
  Govt. official for acknowledging/rejecting
  reports
• Flow Down subcontractors continue process

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ANCs/Indian Tribes

• Count toward SB and SDB, regardless of size
• Not a separate subcontracting plan category
• If multiple tiers, ANC/IT designates what
  contractor counts award
• On other line items, SSR also asks you to
  separate those that
• Are not certified by SBA as SDB
• Are not small

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Subcontracting Plans

• A contractor may have no more than one plan.
• When a modification over 550,000 is issued or an
  option is exercised, goals associated with
  mod/option should be added into the existing
  subcontracting plan.
• Plans that contain separate goals for base
  and each option year, the dollar goal on the ISR
  should be the sum of the base through the current
  option.

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Who acknowledges or rejects ISR reports?

• The authority to acknowledge/reject the ISR
  resides
• In the case of a prime contract, with the
  Contracting Officer.
• In the case of a subcontract with a
  subcontracting plan, with the entity that awarded
  the subcontract.

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Who acknowledges or rejects SSR reports?

• The authority to acknowledge/reject the SSR
  resides with the Govt. agency awarding the prime
  contracts
• Includes subcontractors SSR reports

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Commercial Plan

• SSR must be submitted within 30 days after the
  end of the Govt. fiscal year
• Even if your plan is based on your fiscal year
  which is different than the Govt. fiscal year
• Authority to acknowledge or reject SSRs for
  commercial plans resides with the CO who
  approved the commercial plan.

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White Paper on Size Standard Methodology

• The U.S. Small Business Administration (SBA) has
  made available a White Paper putting forth and
  explaining how it establishes, reviews and
  modifies (when appropriate) small business size
  standards.

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NAICS size standards increases

• As part of its ongoing initiative to review all
  size standards, SBA has proposed to increase
  small business size standards for 48 industries
  in NAICS Sector 44-45 Retail Trade, NAICS Sector
  72 Food Accommodations, and NAICS Sector 81,
  Other Services.
• Proposed rules are one in a series of proposals
  that will examine industries grouped by NAICS
  Sector. 
• Comments due by December 21