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FAR Part 19 Flashcards

Small Business Programs

1
Q

Part 19

A

Small Business Programs

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2
Q

FAR Part 19: Small Business Programs

Overview of FAR Part 19 - Small Business Programs

Purpose: Encourages the use of small businesses in federal contracting to promote economic development and wealth distribution

Key Sections

A
  • 19.1 Size Standards
  • 19.2 Policies
  • 19.3 Determination of Small Business Status for Small Business Programs
  • 19.4 Cooperation with the Small Business Administration
  • 19.5 Small Business Total Set-Asides, Partial Set-Asides, and Reserves
  • 19.6 Certificates of Competency and Determinations of Responsibility
  • 19.7 The Small Business Subcontracting Program
  • 19.8 Contracting with the Small Business Administration (The 8(a) Program)
  • 19.13 Historically Underutilized Business Zone (HUBZone) Program
  • 19.14 Service-Disabled Veteran-Owned Small Business Procurement Program
  • 19.15 Women-Owned Small Business Program
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3
Q

FAR Part 19: Small Business Programs

Slide 2: Subpart 19.1 - Size Standards

Purpose: Defines the criteria for qualifying as a small business (FAR 19.101).

Key Features:

A
  • Size standards based on industry classifications (FAR 19.102).
  • Procedures for calculating business size (FAR 19.103).
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4
Q

FAR Part 19: Small Business Programs

Subpart 19.2 - Policies and 19.3 - Determination of Small Business Status for Small Business Programs

Purpose: Establishes policies for small business participation and determination of status (FAR 19.201).

Key Features:

A

Policies promoting small business participation in federal procurement (FAR 19.202).

Procedures for determining small business status (FAR 19.301).

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5
Q

FAR Part 19: Small Business Programs

Subpart 19.4 - Cooperation with the Small Business Administration and 19.5 - Small Business Total Set-Asides, Partial Set-Asides, and Reserves

Purpose: Details cooperation with the SBA and set-aside programs (FAR 19.401).

Key Features:

A

Cooperation with the SBA to maximize small business participation (FAR 19.402).

Use of set-asides and reserves to ensure small businesses receive contract opportunities (FAR 19.501).

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6
Q

FAR Part 19: Small Business Programs

Subpart 19.6 - Certificates of Competency and Determinations of Responsibility and 19.7 - The Small Business Subcontracting Program

Purpose:Ensures small businesses are competent and responsible (FAR 19.601).

KeyFeatures:

A

SBA-issued certificates of competency for qualified small businesses (FAR 19.602).

Subcontracting plans for large contractors to include small businesses (FAR 19.701).

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7
Q

FAR Part 19: Small Business Programs

Subpart 19.8 - Contracting with the Small Business Administration (The 8(a) Program)

Purpose: Supports socially and economically disadvantaged businesses (FAR 19.800).

KeyFeatures:

A

The 8(a) program provides opportunities for disadvantaged businesses (FAR 19.801).

Procedures for 8(a) contract awards (FAR 19.802).

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8
Q

FAR Part 19: Small Business Programs

Subpart 19.13 - Historically Underutilized Business Zone (HUBZone) Program and 19.14 - Service-Disabled Veteran-Owned Small Business Procurement Program

Purpose: Promotes economic development in underutilized areas and supports veteran-owned businesses (FAR 19.1300).

KeyFeatures:

A

HUBZone program incentives for businesses in underutilized areas (FAR 19.1301).

Service-disabled veteran-owned small business set-asides (FAR 19.1401).

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9
Q

FAR Part 19: Small Business Programs

Subpart 19.15 - Women-Owned Small Business Program

Purpose: Supports women-owned small businesses in federal contracting
(FAR 19.1500).

Key Features:

A

Set-asides for women-owned small businesses in eligible industries (FAR 19.1501).

Certification requirements and procedures (FAR 19.1502).

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10
Q

The Small Business Administration

A

Created by the Small Business Act of 1953

An independent agency of the federal government

Aids, counsels, assist and protects the interests of small business
concerns

FAR Part 19 implements acquisition-related sections of the Small Business Act, applicable sections of the Armed Services Procurement Act, and Executive Order 12138.

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11
Q

Size Standards

A

NAICS codes are updated by the Office of Management and Budget through its Economic Classification Policy Commitee.

North American Industry Classification System

NAICS Manual groups different businesses into industries

Each industry receives a six digit code

Each digit of the NAICS code categorizes the industry more specifically.

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12
Q

Each digit of the NAICS code categorizes the industry more specifically.

A

459210

45 Economic sector
9 Economic subsector
2 Industry group
1 North American Industry
0 National Industry

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13
Q

North American Industry Classification System

A

http://www.census.gov/eos/www/naics/

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14
Q

Table of Size Standards

A

https://www.sba.gov/document/support-table- size-standards

AICS Codes
445291 445292 445298 445320
NAICS Industry Description

Baked Goods Retailers Confectionery and Nut Retailers Al Other Specialty Food Retailers Beer, Wine, and Liquor Retailers

Size standards ni millions of dollars
16, 19, 20

Size starndards in number of employees

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15
Q

Size Standards

A

Updated every five years

New NAICS codes are not
available until the SBA publishes a
corresponding industry size standard

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16
Q

Agencies apply size standards by:

A

Classifying the product or service by its industry ni the NAICS Manual

Identifying the size standard established for that industry *

Specifying the size standard in the solicitation so that offerors can appropriately represent themselves as small or large

For size standard purposes, a product or service shall be classified ni only one industry, whose definition best describes its principal nature.

If a product or service could be
classified ni multiple industries with different size standards, the size standard for the industry accounting for the greatest percentage of the contract price applies.

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17
Q

Size Standards

In solicitations for more than one item:

A

If offers may be submitted on any or al of the items, an offeror must meet the size standard for each item ti offers to furnish.

If offers must be submitted on all or none of the items, an offeror may
qualify as a smal business by meeting the size standard for the item accounting for the greatest percentage of the total contract price.

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18
Q

Small Business Contracting Policy

The contracting officer must, to the extent practicable, provide maximum participation opportunity to:

A

Veteran-owned small business

Service-disabled veteran- owned small business

Small disadvantaged business

Women-owned small business

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19
Q

Small Business Contracting Policy

Each agency must

A

establish an Office of Small and Disadvantaged Business Utilization.

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20
Q

SmallBusinessContractingPolicy

The contracting officer must, to the extent practicable:

A

Plan acquisitions such that, fi
practicable, more than one small
business concern may perform the work

Publicize solicitations and contract awards through the
governmentwide point of entry; NCMA

Preparing solicitations that allow the maximum time practical for response

Divide proposed acquisitions of into smaller lots to permit offers on
quantities less than the total requirement

Ensure that delivery schedules are established o n a realistic basis that
will encourage small business participation

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21
Q

Small Business Contracting Policy

There is no order of precedence among the

A

8(a) Program, HUBZone Program, Service- Disabled Veteran-Owned Small Business
Procurement Program, or Women-Owned Small Business Program.

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22
Q

Offeror’s Representation of Size Status

A

The offeror must represent itself in good faith as a small business to be eligible for award.

The contracting officer shall accept the offeror’s representation

…unless the offeror’s representation as a small business is challenged.

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23
Q

Protest of a Size Representation

A

An offeror may represent that it is a small business for a solicitation if:
* It meets the applicable definition, and
* SBA has not determined it a s other than small

A contracting officer who receives a protest, ! or who wishes to protest the small business representation of an offeror, shall forward the protest to the SBA area office where the
concern in question is located

To be timely, a protest must be received by the contracting officer within five days of bid opening (for sealed bids) or receipt of notification of the apparently successful offeror (in negotiated acquisitions).

The SBA will review evidence of the small business status of the offeror and make a decision within 15 days.

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24
Q

Cooperation with the SBA

A

Under the Small Business Act, the SBA and agencies consult and
cooperate to form policies favorable to small business or
small disadvantaged business concerns.

SBA representatives review proposed acquisitions for the
purpose of recommending set- sources, and asides, new component breakout.

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25
Q

Set-Asides for Small Business

A

For acquisitions above the simplified acquisition threshold, the priority shall be:

  • 8(a), HUBZone, Service-Disabled Veteran-Owned Small Business, or Women-Owned Small Business
  • Small business set-aside
  • Acquisition using full and open competition

Exceeding Micropurchase Not exceeding SAT
Automatically reserved exclusively for small business concerns
Shall be set aside for small business

Exceeding SAT
Should be set-aside for small business if there is a reasonable expectation of at least two small business offerors.

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26
Q

Certificate of Competency

A

The certificate issued by the Small Business Administration stating that the holder is responsible (with respect to all elements of responsibility) for the purpose of
receiving and performing a specific government contract

If an apparent successful small business is determined to be nonresponsible, the contracting officer shall:
* Withhold contract award, and
* Notify the cognizant SBA area office

Within 15 business days of receiving this notification, the SBA office shall:
* Notify the oferor of the COs’ decision, and 15
* Provide the small business an opportunity ot apply for a COC

Upon timely receipt of an application, the SBA shall:
* Review the offeror’s responsibility,
* Determine whether to issue a COC, and
* Notify the offeror and the contracting officer of the decision

If a COC si issued, the CO shal l award the contract to the offeror.

fI the SBA does not issue a COC within 51 days, award is made to another responsible and appropriately selected offeror.

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27
Q

In a disagreement about a concern’s ability to perform:

A

The contracting officer and the SBA area office are charged
with reaching a resolution

fI they fail, refer to the SBA associate administrator for government contracting for final determination

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28
Q

Statutory Requirements and Subcontracting

A

Any contract that exceeds the simplified acquisition threshold requires the prime contractor to agree that small business concerns shall have the maximum practicable opportunity to participate in contract performance.

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29
Q

Eligibility for Subcontractors

A

An offeror may be eligible for a subcontract under the small business
program fi:
* It represents itself as an eligible small
business,
* It meets the applicable definition, and
SBA has not determined it as other than small

A subcontracting plan may be required.

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30
Q

A subcontracting plan is required for solicitations:

A

For contracts or contract modifications

For which subcontracting opportunities exist

That are expected to exceed

Supplies o r services
$750,000

Construction $1.5 million

31
Q

An acceptable subcontracting plan must contain:

A

Separate percentage goals for using small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors

A description of the supplies and services to be subcontracted, and

Identification of the types planned for subcontracting to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business, and women-owned small business concerns

The name of an individual employed by the offeror who wil administer the offeror’s subcontracting program, and a description of the duties of that individual

32
Q

The 8(a) Program

To qualify as a small disadvantaged business, an offeror must:

A

Be a small business for its primary industry classification

Demonstrate good character and potential for success

Be not less than 51% owned and controlled by socially and
economically disadvantaged individuals who are U.S. citizens and reside in the United States.

Section 8(a) of the Small Business Act authorizes the SBA to enter into all types of contracts with other agencies and let subcontracts for
performing those contracts to firms eligible for program
participation.

Contracts may be awarded to the SBA for performance by eligible 8(a) firms on either a sole source or competitive basis.

The SBA and an agency cooperate to match the agency’s requirements with the capabilities of 8(a) concerns.

33
Q

Acquisitions for the 8(a) Program are selected by:

A

An SBA-issued search letter,

SBA identification of a specific requirement for a
particular 8(a) firm, or

Agency review of proposed acquisitions.

34
Q

To qualify as a HUBZone small business, an offeror must:

A

Be a small business for its primary industry classification

Have its principal business location in a HUBZone, and

Employ, and attempt to maintain, residents of a HUBZone as at least 35% of its employees

Provides federal contracting assistance for qualified small
business concerns in
historically underutilized business zones, to:
* Increase employment opportunities,
* Promote investment, and
* Stimulate economic development in those areas.

35
Q

To qualify as a service- disabled veteran-owned small
business, an offeror must be:

A

A small business for its primary industry classification,

Not less than 51%
directly owned and controlled by one or more veterans with a service-
connected disability, as determined by the VA or DoD.

Created by the Veterans Benefit Act of 2003

Developed to provide federal
contracting assistance to service-disabled veteran-owned small business concerns

36
Q

To qualify as a women-owned
small business, an offeror must be:

A

A small business for its primary industry classification, and

Not less than 51% directly owned and controlled by one or
more women who are United States citizens.

The purpose of the WOSB
program is:
* To ensure women-owned
small business concerns
have an equal opportunity
to participate ni federal contracting, and
* To assist agencies in achieving their WOSB participation goals

37
Q

The SBA establishes small business size standards on an industry-by-industry basis. (See 13 CFR 121.) Small business size standards are applied by:

A

Classifying the product or service being acquired in the industry whose definition, as found in the North American Industry Classification System (NAICS) Manual, best describes the principal nature of the product or service being acquired

Identifying the size standard SBA established for that industry; and

Specifying the size standard in the solicitation so that offerors can appropriately represent themselves as small or large.

38
Q

The Small Business Act requires each agency to

A

establish an Office of Small and Disadvantaged Business Utilization. For the Department of Defense, the Office of Small and Disadvantaged Business Utilization has been redesignated as the Office of Small Business Programs.

39
Q

The contracting officer must, to the extent practicable, provide maximum participation opportunity to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and woman-owned small business concerns in acquisitions by taking the following actions:

A
  1. Plan acquisitions such that, if practicable, more than one small business concern may perform the work;
  2. Before issuing solicitations, make every reasonable effort to find additional small business concerns, unless lists are already excessively long and only some of the concerns on the list will be solicited. This effort should include contacting the agency SBA procurement center representative, or if there is none, the SBA office serving the activity;
  3. Publicize solicitations and contract awards through the GPE;
  4. In the event of equal low bids, awarding first to small business concerns which are also labor surplus area concerns, and second to small business concerns that are not also labor surplus
    area concerns; and
  5. Preparing solicitations that allow the maximum time practicable for response, and furnishing necessary information or explaining where to obtain or examine it, and other related information.
  6. Divide proposed acquisitions of supplies and services (except construction) into reasonably
    small lots to permit offers on quantities less than the total requirement.
  7. Ensure that delivery schedules are established on a realistic basis that will encourage small business participation.
40
Q

There is no order of precedence among

A

the 8(a) Program, HUBZone Program, Service-Disabled Veteran-Owned Small Business (SDVOSB) Procurement Program, or the Women-Owned Small Business (WOSB) Program.

41
Q

The requirement to exclusively reserve acquisitions for small business concerns that have an anticipated dollar value exceeding the micro-purchase threshold, but not exceeding the SAT does not preclude

A

the contracting officer from awarding a contract to a small business under the 8(a) Program, HUBZone Program, SDVOSB Program, or WOSB Program.

42
Q

Above the simplified acquisition threshold, the contracting officer shall first consider an acquisition

A

for the small business socioeconomic contracting programs (i.e., 8(a), HUBZone, SDVOSB, or WOSB programs) before considering a small business set-aside.

However, if a requirement has been accepted by the SBA under the8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release.

Small business set-asides have priority over acquisitions using full and open competition.

43
Q

REREPRESENTATION REQUIREMENTS (FAR
19.301-2 AND 19.302(K))

A contractor that represented itself as a small business concern before contract award must rerepresent its size status for the NAICS code upon the occurrence of any of the following:

A

Within 30 days of execution of a novation agreement or within 30 days after modification of the contract to include the clause
52.219-28, “Post-Award Small Business Program Rerepresentation,” if the novation agreement was executed prior to inclusion of this clause in the contract;

Within 30 days after a merger or acquisition of the contractor that does not require a novation or within 30 days after modification of the contract to include the clause 52.219-28, “Post-Award Small Business Program Rerepresentation,” if the merger or acquisition occurred prior to inclusion of this clause in the contract; and

For long-term contracts,
* Within 60 to 120 days prior to the end of the fifth year of the contract, and
* Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

44
Q

REPRESENTATION BY OFFEROR OF SIZE STATUS (FAR 19.301)

To be eligible for award as a small business, an offeror must represent in good faith that it is a small business at the time of its written representation. An offeror may represent

A

that it is a small business concern in connection with a specific solicitation if it meets the definition of a small business concern applicable to the solicitation and has not been determined by the SBA to be other than a small business.

The contracting officer shall accept an offeror’s representation in a specific bid or proposal that it is a small business unless another offeror or interested party challenges the concern’s small business representation or the contracting officer has a reason to question the representation.

Challenges of and questions concerning a specific representation shall be referred to the SBA in accordance with 19.302.

45
Q

After a contractor rerepresents that it is other than small, the agency may no longer

A

include the value of options exercised, modifications issued, orders issued, or purchases made under BPAs on that contract in its small business prime contracting goal achievements.

Contracting officers should issue a modification to the contract capturing the rerepresentation and report it to FPDS within 30 days after notifications of the rerepresentation.

A change in size status does not change the terms and conditions of the contract.

46
Q

PROTEST OF A SIZE REPRESENTATION OR
REREPESENTATION (FAR 19.302)

If a protest is received that challenges the small business status of an offeror not being considered for award, the contracting officer is not

A

required to suspend contract action. The contracting officer shall forward the protest to the SBA with a notation that the concern is not being considered for award, and shall notify the protester of this action.

47
Q

An offeror, the SBA, or another interested party may protest the small business representation of an offerorin a specific offer. Any contracting officer who receives a protest, whether timely or not, or who, as the contracting officer, wishes to protest the small business representation of an offeror, or rerepresentation of a contractor, shall

A

promptly forward the protest to the SBA Government Contracting Area Office for the geographical area where the principal office of the concern in question is located.

The protest, or confirmation if the protest was initiated verbally, shall be in writing and shall contain the basis for the protest with specific, detailed evidence to support the allegation that the offeror is not small.

The SBA will dismiss any protest that does not contain specific grounds for the protest.

48
Q

In order to affect a specific solicitation, a protest must be timely. To be timely, a protest

A

by any concern or other interested party must be received by the contracting officer by the close of business of the fifth business day after bid opening (for sealed bids) or receipt of the special notification from the contracting officer that identifies the apparently successful offeror (in negotiated acquisitions).

A protest may be made verbally if it is confirmed in writing either within the five-day period or by letter postmarked no later than one business day after the verbal protest.

A protest may be made in writing if it is delivered to the contracting officer by hand, telegram, or letter postmarked within the five-day period.

49
Q

DETERMINING NORTH AMERICAN INDUSTRY
CLASSIFICATION SYSTEM (NAICS) CODES AND
SIZE STANDARDS (FAR 19.303)

The contracting officer shall determine the appropriate
NAICS code and related small business size standard

A

and include them in solicitations above the micro-purchase threshold.

If different products or services are required in the same solicitation, the solicitation shall identify the appropriate small business size standard for each product or service.

The contracting officer’s determination is final unless appealed.

50
Q

D. COOPERATION WITH THE SMALL BUSINESS ADMINISTRATION (FAR 19.4)

Under the Small Business Act, the SBA and agencies consult

A

and cooperate to form policies favorable to small business/small disadvantaged business concerns.

SBA procurement center representatives and breakout procurement center representatives review proposed acquisitions for the purpose of recommending set-asides, new sources, and component breakout.

51
Q

E. SET-ASIDES FOR SMALL BUSINESS (FAR 19.5)

In accordance with FAR 19.502-2, small business set-asides have priority

A

over acquisitions using full and open competition.

The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns.

Determinations to make a set-aside may be unilateral (made by the contracting officer) or joint (recommended by the SBA procurement center representative and concurred in by the contracting officer). Unilateral determinations are preferred.

Acquisitions that are over the MPT but not over the SAT in E are automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery.

The contracting officer shall set aside any acquisition over the SAT for small business participation when there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns offering the products of different small business concerns, and award will be made at fair market prices.
Set-asides may be total or partial.

Total set-asides are addressed at FAR 19.502-2 while FAR 19.502-3 provides details on partial set-asides.

The contracting officershall set aside a portion of an acquisition that is not subject to SAP, except for construction, for exclusive small business participation when a total set-aside is not appropriate and the requirement is severable into two or more economic production runs or reasonable lots where one or more small business concerns are expected to have the technical competence and productive capacity to satisfy the set-aside portion of the requirement at a fair market price. A partial set-aside shall not be made if there is a reasonable expectation that only two concerns (one large and one small) with capability will respond with offers unless authorized by the head of a contracting activity on a case-by-case basis. Similarly, a class of acquisitions, not including construction, may be partially set aside.

Under certain specified conditions, partial set-asides may be used in conjunction with multiyear contracting procedures.

For multiple-award contracts there are three acquisition techniques encouraged to facilitate contracting with small businesses:
* Setting aside part or parts of the requirement.
* Reserving one or more contract awards.
* Setting aside orders place against multiple-award contracts.

None of the following is, in itself, sufficient cause for not setting aside an acquisition: a large percentage of previous contracts for the required items) have been placed with small business concerns, the item is on a qualified products list, a period of less than 30 days is available for receipt of offers, or the acquisition is classified. (See FAR 19.502-6 for additional insufficient causes for not setting aside an acquisition.)

Contracting officers may reject SBA’s set-aside recommendations; however, SBA may appeal. Pending resolution, all action on the acquisition is suspended.

This requirement does not apply to purchases at or below the MPT or purchases from required sources of supply under part 8.

52
Q

F. CERTIFICATES OF COMPETENCY AND DETERMINATION OF RESPONSIBILITY
(FAR 19.6)

A Certificate of Competency (CoC) is the certificate issued by

A

the SBA stating that the holder is responsible (with respect to all elements of responsibility) for the purpose of receiving and performing a specific government contract.

Should a disagreement arise about a concern’s ability to perform, the contracting officer and the SBA area office are charged with reaching a resolution; however, if they fail, the matter is referred to the SBA associate administrator for government contracting, who is empowered to make the final

53
Q

G. STATUTORY REQUIREMENTS (FAR
19.702)

Unless exempted, any contract that exceeds the SAT

A

requires the prime contractor to agree that small business concerns, veteran owned small business (VOSB) concerns, SDVOSB concerns, HUBZone small business concerns, small disadvantaged business SDB concerns, and WOSB concerns shall have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance.

Solicitations to perform contracts or contract modifications that are expected to exceed the amount specified in FAR 19.702(a)(1)(i) for which subcontracting possibilities exist, require the apparent successful offeror/bidder to submit an acceptable subcontracting plan prior to award. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award.

54
Q

ELIGIBILITY REQUIREMENTS (FAR 19.703)

To be eligible as a subcontractor under the program, a concern must represent itself as a

A

small business, VOSB, SDVOSB, HUB-Zone small business, SDB, or WOSB concern. To do so, a concern must meet the appropriate definition (see FAR 2.101 and

55
Q

In connection with a subcontract, or a requirement for which the apparently successful offeror received an evaluation credit for proposing one or more SDB subcontractors, the contracting officer or the SBA may

A

protest the disadvantaged status of a proposed subcontractor. Other interested parties may submit information to the contracting officer or the SBA in an effort to persuade the contracting officer or the SBA to initiate a protest. Such protests, in order to be considered timely, must be submitted to the SBA prior to completion of performance by the intended subcontractor.

56
Q

A contractor acting in good faith may

A

rely on the written representation of its subcontractor regarding the subcontract’s status as a small business, SDB, VOSB, SDVOSB, or a WOSB concern.

The contractor, the contracting officer, or any other interested party may challenge a subcontractor’s size status representation.

57
Q

To implement subcontracting plans, the contractor shall perform the following functions:

A

Assist small business concerns so as to facilitate the participation by such concerns;

Consider use of small business concerns in all
“make-or-buy” decisions;”

Counsel and discuss subcontracting
opportunities with representatives of small business concerns;

Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the System for Award Management (SAM) database or by contacting
SBA;

Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status; and

For all competitive subcontracts over the SAT in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.

58
Q

In making an award that requires a subcontracting plan, the contracting officer shall

A

consider the contractor’s compliance with the subcontracting plans submitted on previous contracts as a factor in determining contractor responsibility and ensure that a subcontracting plan was submitted when required.

The contracting officer shall notify the SBA procurement center representative of the opportunity to review the proposed contract (including the plan and supporting documentation)
and shall provide the representative a reasonable time to review the material and submit advisory recommendations, but failure of the representative to respond in a reasonable period of time shall not delay contract award.

The contracting officer shall determine any fee that may be payable if an incentive is used in conjunction with the subcontracting plan, and shall ensure that an acceptable plan is incorporated into and made a material part of the contract.

Letter contracts and similar undefinitized instruments, which would otherwise require a sub-contracting plan shall contain at least a preliminary basic plan addressing the requirements of 19.704 and in such cases require the negotiation of the final plan within 90 days after award or before definitization, whichever occurs first.

59
Q

SUBCONTRACTING PLANS (FAR 19.704)

Contents of an acceptable subcontracting plan are outlined in FAR 19.704 and must

A

include a statement of the total dollars planned to be subcontractedand a statement of the total dollars planned to be subcontracted to small businesses.

A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items.

Once a contractor’s commercial plan has been approved, the government shall not require another subcontracting plan from the same contractor while the plan remains in effect, as long as the product or service being provided by the contractor continues to meet the definition of a commercial item.

60
Q

H. CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(A)
PROGRAM) (FAR 19.8)

Section 8(a) of the Small Business Act established a program that authorizes

A

the SBA to enter into all types of contracts with other agencies and let subcontracts for performing those contracts to firms eligible for program participation. The SBA’s subcontractors are referred to as “8(a) contractors.”

Contracts may be awarded to the SBA for performance by eligible 8(a) firms on either a sole source or competitive basis.

61
Q

The SBA and an agency cooperate to match the agency’s requirements with the capabilities of 8(a) concerns. The selection of acquisitions for the 8(a) Program is initiated in one of three ways:

A
  1. As a result of a search letter issued by the
    SBA (this letter advises an agency of an 8(a) firm’s capabilities and asks the agency to identify acquisitions to support the firm’s business plans);
  2. By SBA’s identification of a specific agency requirement for a particular 8(a) firm; or
  3. By the agency’s review of proposed acquisitions for the purpose of identifying requirements that may be offered to the SBA.
62
Q

I. STATUS AS A QUALIFIED HUBZONE
SMALL BUSINESS CONCERN (FAR 19.13)

The purpose of the Historically Underutilized Business Zone (HUBZone) Program is to

A

provide federal contracting assistance for qualified
small business concerns located in historically underutilized business zones, to increase employment opportunities, investment, and economic development in those areas.

If the SBA determines that a concern is a qualified HUBZone small business concern, it will issue a certification to that effect and will add the concern to the List of Qualified HUBZone Small Business Concerns on its website.

The concern must appear on the list to be a HUBZone small business concern. The HUBZone procedures apply to all federal agencies that employ one or more contracting officers.

A joint venture may be considered a HUBZone small business concern if it meets the criteria in 13 CFR
121.103(h) (explanation of affiliation) A HUBZone small business concern must meet the criteria at the time
of its initial offer and at the time of award. (FAR
19.1303(d))

63
Q

J. THE SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESS
PROCUREMENT PROGRAM (FAR 19.14)

The Veterans Benefit Act of 2003 created the procurement program for small business concerns owned and controlled by service-disabled veterans (commonly referred to as the “Service-Disabled Veteran-owned Small Business (SDVOSB) Procurement Program”). The purpose of the SDVOSB Program is to

A

provide federal contracting assistance to service-disabled veteran- owned small business concerns.

At the time that a service-disabled veteran-owned small business concern submits its offer, it must represent to the contracting officer that it is a service-disabled veteran-owned small business concern and a small business concern under the North American IndustryClassification System (NAICS) code assigned to the procurement.

64
Q

A joint venture may be considered a SDVOSB concern if:

A

At least one member of the joint venture is a SDVOSB concern, and makes the representations in paragraph (b) of this section;

Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

The joint venture meets the requirements in 13
CFR 121.103(h); and the joint venture meets the requirements of 13 CFR 125.15 (b).

65
Q

The SDVOSB procedures apply to all federal agencies that employ one or more contracting officers. The contracting officer may

A

set aside acquisitions exceeding the micro-purchase threshold for competition restricted to SDVOSB concerns when the contracting officer has a reasonable expectation that offers will be received from two or more SDVOSB concerns, and award will be made at a fair market price.

The contracting officer shall consider SDVOSB set-asides before considering SDVOSB sole source awards.

66
Q

K. WOMEN-OWNED SMALL BUSINESS (WOSB) PROGRAM (FAR 19.15)

The purpose of the WOSB Program is to

A

ensure women-owned small business concerns have an equal opportunity to participate in federal contracting and to assist agencies in achieving their WOSB participation goals

67
Q

The contracting officer shall verify that the offeror:

A

Is registered in the System for Award Management (SAM);

Is self-certified as an EDWOSB or WOSB concern in SAM; and

Has submitted documents verifying its eligibility at the time of initial offer to the
WOSB Program Repository.

The contract shall not be awarded until all required documents are received.

68
Q

STATUS (FAR 19.1503)

“Status as an economically disadvantaged women-owned small business (EDWOSB) or
WOSB concern is

A

determined in accordance with
13 CFR part 127.

69
Q

Certification by an SBA-approved third-party certifier:

A

An EDWOSB or WOSB concern that has been certified by an SBA-ap-proved third-party certifier, (which includes SBA certification under the 8(a) Program), must provide the following eligibility requirement documents: the third-party certification; SBA’s WOSB Program

Certification form (SBA Form 2414); and the joint venture agreement, if applicable.

An EDWOSB or WOSB concern that has not been certified by an SBA-approved third-party certifier or by SBA under the 8(a) Program must provide the documentation required by FAR
19.1503(c)(2).

70
Q

SET-ASIDE PROCEDURES (FAR 19.1505)

The contracting officer may set aside acquisitions exceeding the MPT for competition

A

restricted to EDWOSB or WOSB concerns eligible under the
WOSB Program in those NAICS codes in which SBA has determined that women-owned small business concerns are underrepresented or substantially underrepresented in federal procurement, as specified on SBA’s website.

71
Q

For requirements in NAICS codes designated by SBA as underrepresented, a contracting officer may restrict competition to EDWOSB concerns if the contracting officer has a reasonable expectation based on market research that

A

Two or more EDWOSB concerns will submit offers for the contract; and

Contract award will be made at a fair and reasonable price.

72
Q

A contracting officer may restrict competition to WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that

A

Two or more WOSB concerns (including
EDWOSB concerns) will submit offers; and

Contract award may be made at a fair and reasonable price.
The contracting officer may make an award if only one acceptable offer is received from a qualified EDWOSB or WOSB concern.

The contracting officer must check whether the apparently successful offeror filed all the required eligibility documents and file a status protest if any documents are missing. (FAR 19.1503(d)(2))

If no acceptable offers are received from an EDWOSB or WOSB concern, the set-aside shall be withdrawn and the requirement, if still valid, must be considered for set aside in accordance with 19.203 and subpart 19.5.

73
Q

WOMEN-OWNED SMALL BUSINESS PROGRAM
SOLE SOURCE AWARDS (FAR 19.1506)

The contracting officer may make a sole source award to

A

a qualified EDWOSB or WOSB concern when the anticipated award price of the contract (including options does not exclude amount specified in FAR

74
Q
A

CFCM Review Class (82 decks)

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