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The Matchmaker Team

The Matchmaker Team. Professional Small Business Program Training Series for Large Businesses and Federal Agencies. Revised: August 2012.

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The Matchmaker Team

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  1. The Matchmaker Team Professional Small Business Program Training Series for Large Businesses and Federal Agencies Revised: August 2012

  2. What you have before you is a “Weapon System” designed to fight lack of knowledge and misunderstanding about Small Business Programs. We hope to pass this body of information from our dedicated team, the Matchmakers HPT, to the fighters for supplier diversity all over this nation. While this training does not replace the actual regulations, the course can light the path to the wisdom needed to get the Small Business participation mission accomplished. This is the user’s guide to the system. Please use it wisely and often. Its application is what the American Dream is all about. Small Business owners, their families, the President and the Congress of these United States are all counting on you to get the job done. We wish you great success! Ira M. Brand, Team Leader (Emeritus) on behalf of the Matchmakers HPT a subcommittee of the Northeast Regional Council

  3. Small Business TrainingMark I: Professional Small Business Program Training Series • Module 1: Public Laws and Regulations 4 • Module 2: Identifying a Small Business 24 • Module 3: How Small Business Programs Work 54 • Module 4A: Preparing a Small Business Subcontracting Plan 77 • Module 4B: Preparing a Small Business Participation Plan 120 • Module 5: Small Business Assessment 131 • Module 6: Small Business Metrics and Reporting 138 • Module 7: Information Resources and FAQs 162 • Module 8: Staying Current 171 • Resources 175 • Appendix A: Summary for the Basics of Subcontracting 184

  4. Module 1: Public Laws and Regulations • This Module contains information on the Public Laws and Federal Acquisition Regulations (FAR) that govern the requirements for Small Business Subcontracting Programs. These small business laws and regulations form the framework for what we do and why we do it. • The Module includes the goals for each business type and the Public Law basis for these requirements. The module also covers FAR references for incentive programs and liquidated damages provisions.

  5. Module 1: Public Laws and Regulations001A – FAR Regulations FAR 19.201(a) • It is the policy of the Government to provide maximum practicable opportunities in its acquisitions 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. • Such concerns must also have the maximum practicable opportunity to participate as subcontractors in the contracts awarded by any executive agency, consistent with efficient contract performance.

  6. Module 1: Public Laws and Regulations001B – FAR Regulations • FAR parts 19 and 52 outline all the requirements for preparing small business plans. • Public Laws are the basis for these regulations.

  7. Module 1: Public Laws and Regulations001C – FAR Regulations The percentage goals set by Public Laws are: Small Business (SB) 23% Small Disadvantaged Business (SDB) 5% Alaska Native Corp. & Indian Tribes included in SDB goal Woman-Owned SB (WOSB) 5% HUBZone SB 3% Veteran-Owned SB (VOSB) Best Effort but includes SDVOSB Service-Disabled VOSB (SDVOSB) 3%

  8. Module 1: Public Laws and Regulations001D – FAR Regulations • No order of Precedence • SB • SDB • 8(a) • WOSB • HUBZone • SDVOSB • Note: 8(a) firms are included as SDBs

  9. About the Law Section 8(d) of the Small Business Act requires that “Small, SDB, HUBZone, WOSB, VOSB, and SDVOSB have the maximum practicable opportunity to participate as subcontractors on Federal contracts, to the extent that such opportunity is consistent with efficient contract performance.” Revision of the Small Business Act of 1978 (Public Law 95-507) Redefined minority firms as Socially and Economically Disadvantaged Small Business Concerns (SDB’s). Required Federal agencies to establish small business goals and explain to the Congress when goals were not met. Required small and small disadvantaged business subcontracting goals for major contracts awarded to large businesses. Reserved all Federal awards under $150,000 for small businesses. Required establishment of the Office of Small Business Programs (OSBP). OSBP Directors appointed by Head of Agency. Module 1: Public Laws and Regulations001E – FAR Regulations

  10. Module 1: Public Laws and Regulations001F – FAR Regulations National Defense Authorization Act (Public Law 99-661 Section 1207) • Passed in 1987. • Established Small Disadvantaged Business Program. • Established the 5% goal for Small Disadvantaged Businesses.

  11. Federal Acquisition Streamlining Act of 1994 (Public Law 103-355 Section 7106) Established a government-wide goal for Women-Owned Small Businesses (WOSBs). Established the 5% goal for Women-Owned Small Businesses. Module 1: Public Laws and Regulations001G – FAR Regulations

  12. Module 1: Public Laws and Regulations001H – FAR Regulations The HUBZone Empowerment Act (Public Law 105-135) • Included in the Small Business Reauthorization Act of 1997. • Designed to stimulate economic development and create jobs in urban and rural communities. • Provides contracting preferences to small businesses that are located in a HUBZone and that hire employees who live in a HUBZone. • Established a 3% goal for HUBZone small businesses.

  13. Module 1: Public Laws and Regulations001I – FAR Regulations The Veteran's Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50) • Established a goal for Government-awarded prime contracts and for subcontracts awarded by prime contractors to (SDVOSB) concerns of 3%. • A best effort goal for veteran-owned small businesses (VOSB) shall apply (must equal or exceed SDVOSB goal). SDVOSBs are a subset of VOSBs. • Individual, Master, and Comprehensive Subcontract and Commercial Plans must incorporate these goals.

  14. Module 1: Public Laws and Regulations001J – SB Program Success “Incentive Clauses” FAR 52.226-1 “Utilization of Indian Organizations & Indian Owned Economic Enterprises” • The Indian Incentive Program provides for a payment of 5% of the amount subcontracted to an Indian organization or Indian-Owned Economic Enterprise. The Contracting Officer may include the clause if it is believed that there are Indian sources and that funds are available for the incentive payment. • Indian-Owned Economic Enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership shall constitute not less than 51 percent of the enterprise.

  15. Module 1: Public Laws and Regulations001K – SB Program Success “Incentive Clauses” FAR 52.219-26 “Small Disadvantaged Business Participation Program” • Incentive Subcontracting for specific parameters. Applies only to negotiated acquisitions. Monetary incentives shall be based on actual achievement as compared to proposed monetary targets for SDB subcontracting. The incentive subcontracting program is separate and distinct from the establishment, monitoring and enforcement of SDB subcontracting goals in a subcontracting plan. This is an incentive to encourage increased subcontracting in the North American Industry Classification System (NAICS) Major Groups and is reported at the end of the contract via the OF312 attached to the final ISR.

  16. Module 1: Public Laws and Regulations001L – SB Program Success “Incentive Clauses” FAR 52.219-10 “Incentive Subcontracting Program” • Monetary incentive which encourages the development of increased subcontracting opportunities based on actual achievement for Small Business, SDB, WOSB, HUBZone small business, VOSB, and SDVOSB. • All goals must be exceeded for the clause to be effective. • Incentive will be 0-10% of the dollars by which the goals were exceeded. • Determinations are solely at the Government’s discretion.

  17. Module 1: Public Laws and Regulations001M – SB Program Success “Incentive Clauses” FAR 52.219-16 “Liquidated Damages - Subcontracting Plan” • Willful or intentional failure to comply with a subcontracting plan is considered a material breach of the contract and could result in the imposition of liquidated damages to be paid by the contractor. • Size of damages is equal to the actual amount by which the contractor missed each goal.

  18. Module 1: Public Laws and Regulations001N – SB Program Success “Good Faith Effort” 13 CFR 125.3 “Provide the maximum practicable subcontractingopportunities for small business concerns.” “Consistent with the efficient performance of the contract.”

  19. Module 1: Public Laws and Regulations001O – SB Program Success Examples of “maximum practicable opportunity” 13 CFR 125.3 • Breaking out contract work items into economically feasible units, as appropriate. • Conducting market research to identify small business subcontractors and suppliers through all reasonable means. • Soliciting small business concerns early in the acquisition. • More>>

  20. Module 1: Public Laws and Regulations001P – SB Program Success Examples of “maximum practicable opportunity” 13 CFR 125.3 • Providing adequate and timely information about the plans, specifications, and requirements for performance of the prime contract to assist small businesses in submitting a timely offer. • Negotiating in good faith with interested small businesses. • Assisting small businesses to obtain bonding, lines of credit, required insurance, necessary equipment, supplies, materials, or services. • More >>

  21. Module 1: Public Laws and Regulations001Q – SB Program Success Examples of “maximum practicable opportunity” 13 CFR 125.3 • Utilizing the available services of small business associations; local, state, and Federal small business assistance offices; and other organizations. • Participating in a formal mentor-protégé program with one or more small business protégés that results in developmental assistance to the protégés.

  22. Module 1: Public Laws and Regulations001R – Small Business Goal Summary

  23. Module 1: Public Laws and Regulations001S – Small Business Goal Summary DoD Subcontracting Goals can Be Different

  24. Module 2: Identifying a Small Business • This Module covers the requirements for a Small Business to qualify as a specific recognized type for identification and reporting credit under Federal contracts. • The module includes definitions of Small Disadvantaged Businesses, the minority groups and the certification requirements for HUBZone firms. • The module also covers the penalties for misrepresentation.

  25. Module 2: Identifying a Small Business002A – Identifying Small BiZ How is a Small Business Identified and Certified? • Small Business Self-Certify. • Does not exceed NAICS code size standard and is not owned by a large business. Size standard exception for ANCs and Indian tribes. How is a Small Disadvantaged Business Identified and Certified? • SDBs Self-certify as of October 3, 2008. • Does not exceed size standard (except ANCs and Indian tribes), listed in SAM, 51% owned and operated by a Socially and Economically Disadvantaged person as designated by the SBA.

  26. Module 2: Identifying a Small Business002B – Identifying Small BiZ How is a Women-Owned Small Business Identified and Certified? • WOSB’s Self-Certify. • Meets size standard, 51% owned and operated by one or more Women, Self Certified. How is a HUBZone Firm identified and Certified? • Must be certified by the SBA. • Meets size standard, located in a HUBZone, 35% of employees live in a HUBZone, owner US citizen, certified by SBA and listed in SAM.

  27. Module 2: Identifying a Small Business002C – Identifying Small BiZ How is a Veteran-Owned Business Identified & Certified? • Self-Certified for agencies other than the Department of Veterans Affairs (VA). • For VA, certification required by Center for Veteran’s Enterprise (https://www.vip.vetbiz.gov/). • Meets size standard, 51% owned and operated by one or more veterans with active duty (other than for training).

  28. Module 2: Identifying a Small Business002D – Identifying Small BiZ How is a Service-Disabled Veteran-Owned Business Identified and Certified? • Self-Certified for agencies other than the Department of Veterans Affairs (VA). • For VA, certification required by Center for Veteran’s Enterprise (https://www.vip.vetbiz.gov/). • Meets size standard, 51% owned and operated by one or more veterans with active duty (other than for training) and a service-related disability (0-100%).

  29. Module 2: Identifying a Small Business002E – Identifying Small BiZ Veterans Administration (VA) Exception For a firm to work for the VA as either a VOSB or an SDVOSB, it must be verified as such by the Center for Veterans Enterprise (https://www.vip.vetbiz.gov/).

  30. Module 2: Identifying a Small Business002F – Identifying Small BiZ Definition of a Small Business (SB) • A “for profit” concern including its affiliates that is independently owned and operated. • Not dominant in the field of operations in which it is bidding on government contracts. • Qualified as a small business under the criteria and size standards in CFR Part 121 (See FAR 19.102).

  31. Module 2: Identifying a Small Business002G – Identifying Small BiZ Penalties for misrepresentation as a Small Business (including all subcategories) in order to obtain a prime contract or subcontract 15 U.S.C. 645(d) • Fine of not more than $500,000 or imprisonment for not more than 10 years or both; • Administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986; • More >>

  32. Module 2: Identifying a Small Business002H – Identifying Small BiZ Penalties for misrepresentation as a Small Business (including all subcategories) in order to obtain a prime contract or subcontract 15 U.S.C. 645(d) (cont.) • Be subject to suspension and debarment; and • Be ineligible for participation in any program or activity conducted under Title 15 U.S. Code or the Small Business Investment Act of 1958 for up to 3 years.

  33. Module 2: Identifying a Small Business002I – Identifying Small BiZ Definition of Small Disadvantaged Business (SDB) • Net worth of each individual does not exceed $750,000 excluding home & firm equity. • Firm must be at least 51% unconditionally owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned business, at least 51 percent of the voting stock is unconditionally owned by one or more socially and economically disadvantaged individuals; and whose management and daily business operations are controlled by one or more such individuals.

  34. Module 2: Identifying a Small Business002J – Identifying Small BiZ Definition of Socially Disadvantaged Individuals • Those who have been subjected to ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.

  35. Module 2: Identifying a Small Business002K – Identifying Small BiZ Who are Socially Disadvantaged Individuals? • Black Americans • Hispanic Americans • Native Americans(American Indians, Native Alaskans, or Native Hawaiians)

  36. Module 2: Identifying a Small Business002L – Identifying Small BiZ Who are Socially Disadvantaged Individuals (cont.)? • Asian Pacific Americans (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China (inc Hong Kong), Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, Philippines, US Trust Territory of Pacific Islands (Republic of Palau), Republic of Marshall Islands, Federated States of Micronesia, Commonwealth of the Northern Marina Islands, Guam, Samoa, Macao, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). • Subcontinent Asian Americans (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives or Nepal).

  37. Module 2: Identifying a Small Business002M – Identifying Small BiZ Definition of Economically Disadvantaged Individuals • Socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business who are not socially disadvantaged.

  38. Module 2: Identifying a Small Business002N – Identifying Small Biz Regulation change (Sept. 17, 2007) regarding Alaskan Native Corporations and Indian Tribes * Subcontracts count towards goals for SB and SDB,regardless of the size or SBA certification status. * This new provision does not apply to Hawaiian Native owned firms.

  39. Module 2: Identifying a Small Business002O – Identifying Small BiZ Definition of Women-Owned Small Business (13CFR 127.200(b)) • A small business firm at least 51% owned by one or more women, who are U.S. citizens or, in the case of any publicly owned business, at least 51% 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. • There is also a Women-Owned Small Business Federal Contract Program which applies only to Government Contracting Officers.

  40. Module 2: Identifying a Small Business002P – Identifying Small BiZ Women-Owned Small Business Federal Contract Program • Applies only to Government Contracting Officers. • Aimed at giving equal access to Federal contracts to: - Women-Owned Small Business (WOSB) and - Economically Disadvantaged Women-Owned Small Business (EDWOSB). • Limited to certain NAICS Codes where women are underrepresented or substantially underrepresented as designated by SBA (over 360 currently eligible).

  41. Module 2: Identifying a Small Business002Q – Identifying Small BiZ Women-Owned Small Business Federal Contract Program Purpose: To enable contracting officers to set aside certain contracts for competition among WOSBs or EDWOSBs for the provision of goods and services to the Federal Government. Restricting competition to qualified WOSBs and EDWOSBs increases their success to compete for and win Federal contracts.

  42. Module 2: Identifying a Small Business002R – Identifying Small BiZ • Eligibility for WOSB: Must be small business at least 51% unconditionally and directly owned and controlled by one or more women who are U.S. citizens. • Eligibility for EDWOSB: Must be a WOSB that is at least 51% owned by one or more women who are “economically disadvantaged.” • A woman is presumed economically disadvantaged if she has a personal net worth of less than $750,000 (with some exclusions), her adjusted gross yearly income averaged over the three years preceding the certification is less than $350,000, and the fair market value of all her assets is less than $6 million (with some exclusions).

  43. Module 2: Identifying a Small Business002S – Identifying Small BiZ • WOSB /EDWOSBs must either: • Self-certify • Be Certified by SBA-approved Third-Party Certifier Visit www.sba.gov/wosb for details of the program

  44. Module 2: Identifying a Small Business002T – Identifying Small BiZ Definition of HUBZone Small Business Concern • Must be a small business owned and at least 51% controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, or an Indian Tribe. • The principal office (the location where the greatest number of employees at any one location work [except for construction and service industries]) must be located in a Historically Underutilized Business Zone (HUBZone). • At least 35% of the employees must reside in a HUBZone, not necessarily the same one where the firm is located.

  45. Module 2: Identifying a Small Business002U – Identifying Small BiZ Definition of HUBZone Empowerment (Public Law 105-135) • Historically Underutilized Business Zone. • An area located within one or more qualified census tracts. • Qualified non-metropolitan counties (Rural Districts). • Lands within the external boundaries of an Indian Reservation. • Qualified Base Closure Areas. • HUBZones have higher unemployment and lower salaries than the state average.

  46. Module 2: Identifying a Small Business002V – Identifying Small BiZ Definition of Veteran-Owned Small Business Concern (VOSB) • A small business firm, not less than 51% 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% of the stock of which is owned by one or more veterans; and the management and daily business operations of which are controlled by one or more veterans. • Remember: there is no statutory goal for VOSBs, only for SDVOSBs.

  47. Module 2: Identifying a Small Business002W – Identifying Small BiZ Definition of Service-Disabled Veteran-Owned Small Business Concern (SDVOSB) [Public Law 106-50] • A small business firm not less than 51% of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51% of the stock of which is owned by one or more service-disabled veterans; and the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

  48. Module 2: Identifying a Small Business002X – Identifying Small BiZ Historically Black Colleges & Universities and Minority Institutions (HBCUs/MIs) (DFARS 252.219-7003) • Minority Institutions are those organizations having significant minority enrollment. • Designated minority groups include African Americans, Native Americans, Hispanic Americans, Asian Americans, and Pacific Islanders. • The latest list of HBCUs can be obtained at www2.ed.gov/about/inits/list/whhbcu/edlite-list.html • The latest list of MIs can be obtained at • www2.ed.gov/about/offices/list/ocr/edlite-minorityinst-list-tab.html • Note: HBCUs/MIs are no longer included as SDBs

  49. Module 2: Identifying a Small Business002Y – Identifying Small BiZ (Native American) Indian Incentive Program (FAR 26.1, 52.226-1) • The Indian Incentive Program may provide an incentive to prime contractors that use Indian Organizations and Indian-Owned Economic Enterprises as subcontractors. • Allows for an incentive payment to the prime contractor equal to 5% of the amount paid to a performing Indian subcontractor, if it is authorized by the contract.

  50. Module 2: Identifying a Small Business002Z – Identifying Small BiZ (Native American) Indian Incentive Program (FAR 26.1, 52.226-1) Definitions • “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c) and any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601). • Indian organization means the governing body of any recognized Indian tribe or Indian entity.

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