Small Business Administration
Since 1953
Pikes Peak Chapter
National Contract Management Association
Colorado Springs
November 15, 2012
Pecos Wilderness Sangre De Cristo Mountains, New Mexico, at 6 am, 11,500 elevation Oct 2004 after riding horse back for 3 hours
SBA Region VIII Administrator
vacant
Area V, Government Contracting Division
Colorado, Texas, New Mexico, Oklahoma, Louisiana, Arkansas
Tanika Pierce, Tanika Pierce PCR Southern Colorado
(817) 684-5305 (Tanika.Pierce@sba.gov) bb: (817) 600-5391
Jose L. L. Martinez, PCR (jose.martinez@sba.gov)
Robert Taylor, AREA Director (817) 684-5302)
Colorado District 8(a) program
Greg Lopez, Colorado District Director (greg.lopez@sba.gov)
Carolyn Terrell, Team Lead 8(a) Division (carolyn.terrell@sba.gov)
(303) 844-2607
Summary of CFR regulations
CFR website:






http://ecfr.gpoaccess.gov/
SBA size regulations:
13 CFR 121
HUBZone regs:
13 CFR 126
Service-disabled Veteran:13 CFR 125.8 thru 29
8(a) and SDB regs:
13 CFR 124
WOSB/EDWOSB:
13 CFR 127
SBA CoC:
13 CFR125.5
SBA Office of Hearing and Appeals cases:
http://www.sba.gov/aboutsba/sbaprograms/oha/ohadecisions/OHA_DECISIONS.html
GAO Decisions: http://www.gao.gov/legal/decisions.html
Federal Acquisition Regulation plus other agency regulations:
http://farsite.hill.af.mil/
or http://www.arnet.gov/
Agenda
Proposed rules
Performance of WORK percentages for
SB
JVs
[except 8(a)]
Procurement Center Representatives in other states
http://www.sba.gov/content/government-contracting-field-staff-directory
Montana
Wyoming
North Dakota
South Dakota
Utah
Colorado
Prime and Subcontractor of the Year
Request for nominations in mail
Please nominate deserving small businesses
(c) (1) Reviewing proposed acquisitions to recommend—
(i) The setting aside of selected acquisitions not unilaterally
set aside by the contracting officer;
(iii) Breakout of components for competitive acquisitions
Contracting Officer working with their Small Business Specialists and technical
staff will make unilateral decisions (FIRST) whether to set projects aside for
SB;WOSB/EDWOSB; HUBZone, 8(a) or Service Disabled Veterans
(**Department of Veterans Affairs can set aside exclusively for SDVets and
Vets first for their projects)
So, if small business DOES NOT RESPOND the contracting
officers and Director of Small Business can justify that there are no
small businesses interested in project and send the project up for
my review and concurrence for full and open competition.
We weigh heavily agency submissions!
There are hundreds of projects out there and small business
sometime choses not to respond.
1). Wait for other small business, etc. to respond and if is a set-aside we will bid:
2) Respond with “I am interested let me know if it is set-aside”
Example of some older projects we worked with agencies
on (due to procurement sensitivity of current project can not share with you
those projects):
FY 95 we worked with DOE and reached agreement on Grand Junction project
“environmental remediation NAICS”;
FY 99 - Solicitation NAR990056 Bureau of Land Management, for “Information
Technology Technical Support Services” est. at $89,000,000 over 5 years;
FY 00 - Solicitation No. DAKF0600R0002 Value: $2,600,000 per/yr. No. of Years: 5 Title
of Solicitation: “Provide Facilities maintenance services for all MEDDAC, DENTAC and
Veterinary facilities at Fort Carson.
*** We also work on numerous other small projects normally over $150,000 due to
our appeal authority.
Example in 1996 the Grand Junction project:
“DOE Awards Largest Small Business Set-aside”
by Set-aside Alert publication
“The DOE awarded last month two contracts worth $300,000,000
to contractor teams led by small businesses . . . More than 270
companies responded to a sources sought synopsis .. 650
companies asked for copy of the request for proposal. More that
250 people representing 150 companies attended a presolicitation
conference and 200 representative from 100 companies went to a
preproposal conference and site visit . . . “
Example in 1996:
“WASTREN was awarded the largest small business contract awarded by the DOE at that
time, to manage and operate the DOE facility at Grand Junction, Colorado. There,
WASTREN managed 37 buildings, associated grounds, and a renowned analytical
laboratory, and provided support services for up to 500 DOE and contractor personnel.
WASTREN was also responsible for ongoing environmental activities and remediation
associated with cold war radiological contamination in the buildings and soils, while
protecting wetlands and the adjacent river.”
“MACTEC, located in Grand Junction was one of six teams that competed for the fiveyear TAR environmental support contract whish is for study and cleanup of uranium mill
tailings.”
PARITY
Government Contracting Pool 100%
FAR 19.203 -Relationship Among
Small Business
Programs
Other than small gets over 78%**
Using Full & Open Procedures, FSS,
GWACs and sole source
Partial SBSA
F&O procedures
FAR 19 Small Business
Authority for total Small
Business Set-aside and or
subsets
EDWOSB
Programs stand alone
i.e. Cannot have
combined
HUBZone/SDVet setaside, etc.
WOSB
HUBZone
**<23%**
SDVet
8(a)
Any NAICS can be set-aside for
SB, SDVet, 8(a) or HUBZone
but for
WOSB or EDWOSB only certain codes per law
See www.sba.gov/wosb
for listing of NAICS in excel
Contracting Officer’s Guide to the WOSB
Program January 2011
Can Contracting Officers sole source?
Sole Source Authority
NO SOLE Source
Authority
8(a)
WOSB
EDWOSB
Sole Source
HUBZone
Authority
vs.
No Authority
SDVet
TSBSA
But rule of 2 or more for
competition must be considered
First (clarification effective April 2,
2012
FAR 19 – all SB programs
Proposed rule
comment period closed June 16, 2012
Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed Rules
Rules to comply with SB Jobs Act of 2010 – we were told all agencies
commented prior to publishing –
we will see what final rules look like.
Example:
Contract reserves. The proposed rule establishes a process, at
§ 125.2(e)(4), for agencies to reserve awards for small
businesses (including Small Business Teaming Arrangements)
under a multiple award contract awarded pursuant to full and
open competition if the requirement cannot be broken into
discrete components to support a partial set-aside and
market research shows that either at least two small
businesses could perform on a part of the contract or at least
one small business could perform all of the contract.
Proposed rule
comment period closed June 16, 2012
Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed Rules
Example:
Partial set-asides. This approach would replace the more
cumbersome process currently found at Federal Acquisition
Regulation (FAR) § 19.502–3 that requires small businesses to first
submit responsive offers on the non-set-aside portion in order to
be considered for the set-aside portion.
Example:
Task Oder: Under the limitations on subcontracting, a small
business must perform a certain percentage of the work itself and
it limited as to how much work it can subcontract. This is generally
easy to monitor for single award contracts, but not so easy with a
multiple award contract where many task or delivery orders will be
issued, sometimes by different agencies. As such, the SBA has
proposed that small business comply with the limitations on
subcontracting for each order, rather than the total multiple award
contract.
Proposed rule
comment period closed June 16, 2012
Federal Register /Vol. 77, No. 95 /Wednesday, May 16, 2012 / Proposed Rules
Example:
SBA’s procurement center representatives (PCRs) may review
acquisitions involving the award of multiple award contracts or
orders issued against such contracts that are not set-aside for
small businesses or where no awards have been reserved for small
businesses.
Example:
(iii) PCR Recommendations for Small Business Teaming and
Subcontracting. The PCR will work to ensure that small business
participation is maximized through Small Business Teaming
Arrangements and subcontracting opportunities. This may include:
(A) Recommending that the solicitation and resultant contract
specifically state the small business subcontracting goals, which are
expected of the contractor awardee; (B) Recommending that the
small business subcontracting goals be based on total contract
dollars instead of or in addition to subcontract dollars;
As you meet and talk to SDVets and Vets please refer them to VA First program
Only at the
Department of Veterans Affairs
Set-asides for
Veterans AND SDVets FIRST
BUT they must apply (VA Form 0877)
and be certified on Vetbiz
Numerous GAO and Court cases on going if this law takes precedence over GSA FSS
SDVet set-asides at all agencies
Performance of work
clauses
52.219-14 -- Limitations on Subcontracting [SB set-asides AND 8(a)]
52.219-27 Service Disabled Veteran
52.219-29 Notice of Set-Aside for Economically Disadvantaged
Women-Owned Small Business Concerns
52.219-30 Notice of Set-Aside for Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business
READ Clause All different
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance
will be spent for employees of the concern or employees of other service-disabled veteranowned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the
cost of manufacturing, excluding the cost of materials, will be performed by the concern or other
service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for
personnel will be spent on the concern’s employees or the employees of other service-disabled
veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract
performance incurred for personnel will be spent on the concern’s employees or the employees of
other service-disabled veteran-owned small business concerns.
Full text of all solicitation clauses
Federal Acquisition
Regulation
– keyword search of all agency’s regulations or limit just to FAR -
http://farsite.hill.af.mi
l/
The Perils of Finagling Set-Aside Contracts
(by Husch Blackwell - Google )
9.30.10
“Government contractors are familiar with the rules concerning contracts set aside for
specific socio-economic groups, such as small businesses, historically underutilized
business zone (HUBZone) businesses, service-disabled veteran-owned small businesses, or
small disadvantaged (Section 8(a)) businesses. The qualifying small business concern
awarded the set-aside contract must
perform the "primary and vital
requirements" of the contract and at least 50 percent of the labor required.1 A
recent case, Morris–Griffin Corp. v. C&L Service Corp., F.Supp.2d, 2010 WL 3221975
(E.D. Va. August 16, 2010), illustrates the perils of trying to finagle these requirements.
In Morris, the U.S. District Court refused to enforce a subcontract between a Section
8(a) business and its non-disadvantaged business teaming partner because the Section 8(a)
business did not possess the technical expertise to perform its prime contract and the
parties had entered into an arrangement under which the non-small business
concern performed more than half the work. The court also declared that the Section
8(a)'s prime contract was void ab initio because it was tainted by fraud. The case
presents a cautionary tale for those seeking to circumvent the Small Business Association's
("SBA") restrictions on small business set-asides. . .”
.
Alaska-connected GTSI cut off from new federal contracts
By Robert O'Harrow Jr.
Washington Post Staff Writer
Saturday, October 2, 2010
“Federal officials on Friday suspended one of the nation's largest government
contractors from receiving new work, alleging that the Northern Virginia company
inappropriately went through other firms to gain access to contracts set aside for
small companies.
The U.S. Small Business Administration's action imperils hundreds of millions of
dollars in revenue for GTSI Corp., a top-50 contractor that has relied on the
Pentagon and the rest of the federal government for more than 90 percent of its
sales in recent years.
At issue is work GTSI did as a subcontractor for small businesses serving as
the prime contractors on government contracts. . .”
GAO B-297176 Date: November 10, 2005
DIGEST
2. Where proposal, on its face, does not
reasonably lead the agency to conclude
that the offeror will not comply with the
subcontracting limitation contained in
the solicitation, the offeror's compliance
concerns a matter of responsibility or
contract administration not for review by
the Government Accountability Office.
We deny the protest
GAO File: B-297425.2 Date: January 26, 2006
[3] The record indicates that HUD, in essence, is
concerned about KIC's intent to comply with the RFP's
limitations on subcontracting. . .
Since KIC's proposal anticipates extensive subcontracting,
the agency may want to review this matter. Where a
proposal leads an agency to the conclusion that the offeror
could not and would not comply with the subcontracting
limitation, we have considered this to be a matter of the
proposal's technical acceptability; a proposal that fails to
conform to a material term or condition of the
solicitation such as the subcontracting limitation is
unacceptable and may not form the basis for an award.
KIRA, Inc., B-287573.4, B-287573.5, Aug. 29, 2001, 2001
CPD para. 153 at 3. Otherwise, the agency's judgment as to
whether KIC will comply with the subcontracting limitation is
a matter properly considered as part of the agency's
responsibility determination. Id.
Joint Ventures
Complicated – ALL Clause Different
***always consult your legal counsel***
NCMA – HANDOUT
Guidance Only for your review
Large Primes please remember that a JV with a small will make the SB
– large [discussion on 8(a) will follow]
Handout
Small Business Teaming Pilot Program
http://www.sba.gov/teaming
On Sept. 27, 2010, President Obama signed into law the Small Business Jobs
Act (SBJA), the most significant piece of small business legislation in over a
decade. The new law is providing critical resources to help small businesses
continue to drive economic recovery and create jobs.
Grantees are expected to help small businesses find other firms interested
in teaming, assist SBs with the formation and execution of teaming
arrangements, aid teams of SBs in identifying appropriate larger contracting
opportunities, and assist teams of SBs with the preparation and submission of
bids and offers.
HANDOUT
HANDOUT
Slightly old – verify CFR and FAR Citations
Can not find new version just Google or
http://www.acq.osd.mil/osbp/sbs/resources.shtml
– good information -
GUIDEBOOK FOR FACILITATING
SMALL BUSINESS TEAM ARRANGEMENTS
SEPTEMBER 2007
Summary of CFR regulations
CFR website:






http://ecfr.gpoaccess.gov/
SBA size regulations:
13 CFR 121
HUBZone regs:
13 CFR 126
Service-disabled Veteran:13 CFR 125.8 thru 29
8(a) and SDB regs:
13 CFR 124
WOSB/EDWOSB:
13 CFR 127
SBA CoC:
13 CFR125.5
SBA Office of Hearing and Appeals cases:
http://www.sba.gov/aboutsba/sbaprograms/oha/ohadecisions/OHA_DECISIONS.html
GAO Decisions: http://www.gao.gov/legal/decisions.html
Federal Acquisition Regulation plus other agency regulations:
http://farsite.hill.af.mil/or http://www.arnet.gov/
Questions?
Email:
jose.martinez@sba.gov
8(a) Business Development
Carolyn: Carolyn.terrell@sba.gov
Questions on Size and compliance with
Subcontracting Plans
CMR: karen.klam@sba.gov
Pecos Wilderness,
Santa Fe National Forest at
12,000 ft. looking south
towards
Hermits Peak,
New Mexico
Pecos
Wilderness Sangre De Cristo Mountains, New Mexico, at 6
am, 11,500 elevation Oct 2004 after riding horse back for 3 hours