November 15, 2012
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Agenda
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8(a) Program Overview
SBA Partnership Agreement
SBA Acceptance
Contract Award
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8(a)Business Development Program
• Section 8(a) of the Small Business Act of 1953.
• A business development program created to
assist small disadvantaged businesses to selfmarket and compete in the American economy
and access the federal procurement market.
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8(a)Business Development Program
Eligibility Criteria
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A Small Business
2 Years in Business in Primary NAICS code
Socially & Economically Disadvantaged
U.S. Citizen
51% or More Ownership
Potential for success
Good Character
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8(a)Business Development Program
Net Worth Criteria -After excluding
the individual’s equity in the firm and
equity in the primary residence, net
worth may not exceed $250,000.00
less
less
equals
Assets (minus) Liabilities
equity in primary residence
equity in business
adjusted net worth
(which must not exceed $250,000)
For continued eligibility Net Worth must be less than $750,000
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8(a)Business Development Program
Available Assistance to 8(a) Participants
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Business Development Assistance
Marketing Assistance
Access to SBA Resource Partners
7(j) Management & Technical Training
Assistance with identifying Government
Procurement agencies & Procurement Forecasts
• Sole Source ($150K - $4M –Construction &
Services, $6.5 M – Manufacturing) and
Competitive 8a Contracting Opportunities
• SBA’s Mentor Protégé Program
• Joint Venturing Opportunities
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NEW 8(a) RULES
Effective Date: April 1, 2011
FAR 19.203 Relationship among small business programs
(a) There is no order of precedence among the 8(a) Program (subpart 19.8), HUBZone
Program (subpart 19.13), Service-Disabled Veteran-Owned Small Business
(SDVOSB) Procurement Program (subpart 19.14), or the Women-Owned Small
Business (WOSB) Program (subpart 19.15).
(b) At or below the simplified acquisition threshold. The requirement to exclusively
reserve acquisitions for small business concerns at 19.502-2(a) does not preclude the
contracting officer from awarding a contract to a small business under the 8(a)
Program, HUBZone Program, SDVOSB Program, or WOSB Program.
(c) Above the simplified acquisition threshold. The contracting officer shall first consider
an acquisition for the 8(a), HUBZone, SDVOSB, or WOSB programs before using a
small business set-aside (see 19.502-2(b)). However, if a requirement has been
accepted by the SBA under the 8(a) Program, it must remain in the 8(a)
Program unless SBA agrees to its release in accordance with 13 CFR parts
124, 125 and 126…
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NEW 8(a) RULES
Effective Date: April 1, 2011
13 CFR 124.106(h)
Where a disadvantaged individual
upon whom eligibility is based is a reserve component
member in the United States military who has been
called to active duty;
- The Participant may elect to designate one or more
individuals to control the Participant on behalf of the
disadvantaged individual during the active duty callup period. (No additional time will be added to its
program term).
- The Participant may elect to suspend its 8(a) BD
participation during the active duty call-up period.
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NEW 8(a) RULES
(d) Release for non-8(a) competition…where a
procurement is awarded as an 8(a) contract, its
follow-on or renewable acquisition must remain in
the 8(a) BD program unless SBA agrees to release
it for non-8(a) competition. If a procuring agency
would like to fulfill a follow-on or renewable
acquisition outside of the 8(a) BD program, it
must make a written request to and receive the
concurrence of the AA/BD to do so.
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NEW RULE
Small Business Jobs Act of 2010’’
EC. 1341. POLICY AND PRESUMPTIONS
Section 3 of the Small Business Act (15 U.S.C. 632), as amended by
section 1311, is amended by adding at the end the following: ‘‘(w)
PRESUMPTION.— ‘(1) IN GENERAL.—In every contract, subcontract,
cooperative agreement, cooperative research
and development
agreement, or grant which is set aside, reserved, or otherwise classified
as intended for award to small business concerns, there shall be a
presumption of loss to the United States based on the total amount
expended on the contract, subcontract, cooperative agreement,
cooperative research and development agreement, or grant whenever it
is established that a business concern other than a small business
concern willfully sought and received the award by misrepresentation.
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Partnership Agreement
• Prior to issuance of “Partnership Agreement”
• MEMORANDUM OF UNDERSTANDING
– SBA Served as the Prime Contractor
– Enter into a Contract with Subcontractor [8(a) Client]
– 100% of Contract Performance subcontracted to [8(a)
Client]
– SBA Contracting Officer / Contract Negotiator
assisted in Negotiations When Needed
– Tri-Partite Contract Award
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Partnership Agreement
– For 8(a) Requirements:
– SBA reviews Program Offerings for 8(a) Eligibility;
– 5 Days to issue an acceptance (unless extension
granted)
– SBA Evaluates:
– Appropriateness of the NAICS Code Assigned
– Nominees Size Standard Compliance
– Requirement Suitable for 8(a) Program
– Determination of Adverse Impact
– Nominee’s Capacity to Perform
– For Competitive 8(a) - Determination of Program
Eligibility within 5 days of Contracting Officer’s
request
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Partnership Agreement
• Acquisitions at or below Simplified Acquisition Threshold
- No Offer or Acceptance letter is required.
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However SBA request that an offering be sent and
SBA will conduct an Eligibility Determination of the
Nominee within 2 Days and issue an Acceptance.
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Procuring Agency Must Notify SBA of 8(a) awards
under this authority C.F.R 124.503 (a)(4) (ii).
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Partnership Agreement
• Other Responsibilities (SBA)
– Review and Approve all 8(a) Joint Venture
Agreements Prior to Contract Award
– May Assist with Contract Negotiations
– Retain Appeal Authority Pursuant to FAR §19.8 10
– May Identify Requirements for Program
Participants for Possible 8(a) Contract Award
– Responsible for Ensuring Continued Program
Eligibility of Program Participants
– Responsible for Nominating 8(a) Participant on
Open Requirements
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Partnership Agreement
• Responsibilities: (Federal Agency)
- Responsible for Compliance of the Limitation of
Subcontracting Requirements (FAR 52-219-14)
- Request an Eligibility Determination on all 8(a)
Competitive Prior to Contract Awards
- Cannot Count Contract Award Dollars as 8(a)
unless Requirement was formally Offered and
Accepted by SBA
- Shall provide a copy of any signed contract as
defined in FAR 2.101
- Provide SBA upon request all Non-Classified
Information in Contract Files for On-Site Agency
Reviews
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SBA’s Acceptance
• SBA will review:
– Suitable for 8(a) Program
– Determination of Impact
– Firm’s Capabilities, with access to:
• Personnel
• Equipment
• Materials
– Firm’s Capacity
• Finances (cash flow, bonding)
• Pipeline of work (where available)
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SBA’s Acceptance
• Letter to Contracting Office
– Assigned SBA Requirement Number
– Confirmation of estimated dollar value
– Confirmation of NAICS code
• Reasons for offers to be declined
– Requirement was previously synopsized in FBO
– Determination of Adverse Impact
– Firm is ineligible
• Competitive Business Mix not met
• Graduated/terminated from program
• Firm not Small for Assigned NAICS
– Firm does not have capabilities to perform
– Offer exceeds sole source threshold
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Contract Award
• Copies of Award Documents and Memorandum of
Negotiations must be Provided to SBA within 15
Days of Award;
• Each 8(a) Contract Must Contain the following
Contract Clauses:
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52-219-11 – Special 8(a) Contract Conditions
52-219-12 – Special 8(a) Subcontract Conditions
52-219-14 – Limitations on Subcontracting
52-219-17 – (Section 8(a) Award); and
52-219-18 – Notification of Competition Limited to Eligible
8(a) Concerns (On 8(a) Competitive Procurements only)
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8(a) PERCENTAGE OF WORK
15%
25%
50%
• CONSTRUCTION
• SPECIAL TRADES
• SERVICES
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Colorado District Office
Business Opportunity Team
303.844.2607
JoAnna Burciaga, BOS
x 257 Joanna.Burciaga@sba.gov
Mia Fagley, BOS
x 224 Mia.Fagley@sba.gov
Lonnie Koyama, BOS
x 205 Leon.Koyama@sba.gov
Dwane Nevins, BOS
x 206 Dwane.Nevins@sba.gov
Matt Palmer, BOS
x 223 Matthew.Palmer@sba.gov
Carolyn Terrell, Supvr BOSx 260 Carolyn.Terrell@sba.gov
Greg Lopez, District Director
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