Responsibilities
Who establishes small business size standards?
The SBA establishes small business size standards on an industry-by-industry basis. -FAR 19.102(a)(1)
How are equal low bids handled?
In the event of equal low bids (see 14.408-6), awards shall be made first to small business concerns which are also labor surplus area concerns, and second to small business concerns which are not also labor surplus area concerns. -FAR 19.202-3
What is the purpose of small business set-asides?
The purpose of small business set-asides is to award certain acquisitions exclusively to small business concerns. A “set-aside for small business” is the reserving of an acquisition exclusively for participation by small business concerns. A small business set-aside may be open to all small businesses. A small business set-aside of a single acquisition or a class of acquisitions may be total or partial. -FAR 19.501(a)
True or False? A change in size status does not change the terms and conditions of the contract?
True A change in size status does not change the terms and conditions of the contract. However, the contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small Business Subcontracting Plan, if a prime contractor’s size status changes from small to other than small as a result of a size rerepresentation (see 19.705-2(b)(3)). -FAR 19.301-2(e)
True or False? Multiyear contracts do not require a subcontracting plan.
False, for multiyear contracts or contracts containing options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary. If a subcontracting plan is necessary and the offeror is submitting an individual subcontracting plan, the individual subcontracting plan shall contain all the elements required by paragraph (a) of this section and shall contain separate statements and goals based on total subcontract dollars for the basic contract and for each option. -FAR 19.704(c)
Who determines eligibility for the 8(a) Program?
Determining the eligibility of a small business to be a participant in the 8(a) program is the responsibility of the SBA. SBA's regulations on eligibility requirements for participation in the 8(a) program are found at 13 CFR 124.101 through 124.112. -FAR 19.802
What is a reason the contracting officer shall set aside a portion of an acquisition?
A total set-aside is not appropriate (see 19.502-2); The requirement is severable into two or more economic production runs or reasonable lots; 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; The acquisition is not subject to simplified acquisition procedures; and 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. -FAR 19.502-3(a)
What is a Certificate of Competency?
It is the certificate issued by the Small Business Administration (SBA) stating that the holder is responsible (with respect to all elements of resposibility, including, but not limited to, capability, competency, capacity, credit, integrity, perserverance, tenacity, and limitations on subcontracting) for the purpose of receiving and performing a specific Government contract. -FAR 19.601(a)
Under what conditions is a HUBZone set-aside authorized?
May set aside acquisitions exceeding the micro-purchase threshold for competition restricted to HUBZone small business concerns when the requirements of paragraph (b) of 19.1305 can be satisfied. -FAR 19.1305(a)(2)
Under the Subcontracting Assistance Program, how many days does the Small Business Administration have to review any solicitation that meets the dollar threshold before the solicitation is issue?
Review (within 5 working days) any solicitation that meets the dollar threshold in 19.702(a)(1) or (2) before the solicitation is issued. -FAR 19.707(a)(2)
Who makes the final determination on a disagreement valued at $500,000?
The SBA Associate Administrator for Government Contracting will make a final determination, in writing, to issue or to deny the COC. -FAR 19.602-3(a)(5)
What is the methods of conducting a total small business set-aside?
Total small business set-asides may be conducted by using simplified acquisition procedures (see Part 13), sealed bids (see Part 14), or competitive proposals (see Part 15). Partial small business set-asides may be conducted using sealed bids (see Part 14), or competitive proposals (see Part 15). -FAR 19.502-5(a)
What is a subcontract?
Any agreement (other than one involving an employer-employee relationship) entered into by the Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract. -FAR 19.701
Under what circumstances is other than full and open competition authorized for an 8(a) sole source?
Where an acquisition exceeds the competitive threshold (see paragraph (a)(2) of this section), the SBA may accept the requirement for a sole source 8(a) award if there is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price; or SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation. -FAR 19.805-1(b)
Who can challenge a subcontractors size status?
The contractor, the contracting officer, or any other interested party can challenge a subcontractor's size status representation by filing a protest, in accordance with 13 CFR 121.1001 through 121.1008. -FAR 19.703(b)
What is a duty of the SBA procurement center representative?
Reviewing proposed acquisitions Reviewing proposed acquisition packages provided in accordance with 19.202-1(e). If the SBA procurement center representative (or, if a procurement center representative is not assigned, see paragraph (a) of this section) believes that the acquisition, as proposed, makes it unlikely that small businesses can compete for the prime contract, the representative shall recommend any alternate contracting method that the representative reasonably believes will increase small business prime contracting opportunities. The recommendation shall be made to the contracting officer within 15 days after receipt of the package. Recommending concerns for inclusion on a list of concerns to be solicited in a specific acquisition. Appealing to the chief of the contracting office any contracting officer’s determination not to solicit a concern recommended by the SBA for a particular acquisition, when not doing so results in no small business being solicited. Conducting periodic reviews of the contracting activity to which assigned to ascertain whether it is complying with the small business policies in this regulation. Sponsoring and participating in conferences and training designed to increase small business participation in the contracting activities of the office. -FAR 19.402(c )
When are Subcontracting plans not required?
For small business concerns; for personal service contracts; for contracts or contract modifications that will be performed entirely outside of the United States and it's outlying area; or for modifications that are within the scope of the contract and the contract does not contain the clause at 52.219-8, Utilization of Small Business Concerns. -FAR 19.702(b)
What is the purpose of the Women Owned Small Business Program (WOSB)?
The purpose of the WOSB Program is to ensure women-owned small business concerns have an equal opportunity to participate in Federal contracting and to assist agencies in achieving their women-owned small business participation goals. -FAR 19.1500(b)
Under what circumstances can competition be restricted to service-disabled veteran-owned small businesses?
Offers will be received from two or more service-disabled veteran-owned small business concerns; and award will be made at a fair market price. -FAR 19.1405(b)
How long does the SBA have to notify the contracting officer on an appeal for a Service-Disabled Veteran-Owned Small Business set aside?
15 working days -FAR 19.1405(d)
When making an award that requires a subcontracting plan, what is the contracting officer responsible for?
Consider the contractor’s compliance with the subcontracting plans submitted on previous contracts as a factor in determining contractor responsibility. Assure that a subcontracting plan was submitted when required. Notify the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402(a)) of the opportunity to review the proposed contract (including the plan and supporting documentation). The notice shall be issued in sufficient time to provide the representative a reasonable time to review the material and submit advisory recommendations to the contracting officer. Failure of the representative to respond in a reasonable period of time shall not delay contract award. Determine any fee that may be payable if an incentive is used in conjunction with the subcontracting plan Ensure that an acceptable plan is incorporated into and made a material part of the contract. -FAR 19.705-5
When can a small business set-aside be withdrawn or modified?
If, before award of a contract involving a small business set-aside, the contracting officer considers that award would be detrimental to the public interest (e.g., payment of more than a fair market price), the contracting officer may withdraw the small business set-aside determination whether it was unilateral or joint. -FAR 19.506(a)
What may be considered a HUBZone small business concern if it meets the criteria in the explanation of affiliates.
Joint Venture -FAR 19.1303(c )
What happens if a contracting officer only receives one acceptable offer from a qualified HUBZone small business concern in response to a set aside?
If the contracting officer receives only one acceptable offer from a qualified HUBZone small business concern in response to a set aside, the contracting officer should make an award to that concern. -FAR 19.1305(c )
How long does the SBA have to notify the contracting officer on an appeal for a Service-Disabled Veteran-Owned Small Business set aside?
5 working days -FAR 19.1405(d)