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GSA Expo 2009. Conducting Market Research. Fred Lagunas Procurement Center Representative SBA Office of Government Contracting. FAR 19.502-2 Total Small Business Set-asides
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GSA Expo 2009 Conducting Market Research Fred Lagunas Procurement Center Representative SBA Office of Government Contracting
FAR 19.502-2 Total Small Business Set-asides • …..each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000($15,000 for acquisitions as described in 13.201(g)(1), but not over $100,000 is automatically reserved exclusively for small concerns and shall be set-aside for small business…… • The contracting officer shall set-aside any acquisition over $100,000 for small business participation when there is a reasonable expectation that…. • ….offers will be obtained from at least two responsible small business concerns Set-aside Policy
Set-Asides & Parity 8(a), HUBZone & SDVOSB set-asides are considered before a small business set-aside. Current regulations state that 8(a), HUBZone and SDVOSB set-asides are equal in nature. It is up to the Contracting Officer’s discretion on which set-aside is used based on qualifications, goaling, etc. (parity) A HUBZone set-aside will take precedence over a small business set-aside if there are two qualified HUBZone firms
Small Business Competitive Demonstration Program Certain industry requirements cannot be set-aside for small business – A&E, construction, refuse service, non-nuclear ship repair, pest control and landscaping. However, 8(a), HUBZone and SDVOSB must be considered before going full and open
Market Research Policy • FAR Part 10.001 Policy • Agencies must conduct market research appropriate to the circumstances-- • before soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold(SAT) • before soliciting offers for acquisitions with an estimated value less than the SAT when adequate information is not available and the circumstances justify its cost • before soliciting offers for acquisition that could lead to a bundled contract
Market Research Policy cont’d • market research should validate the acquisition strategy being used • should back-up decision not to set-aside if a protest arises • consolidate results of market research into a Market Research document Agencies shall conduct market research on an ongoing basis
CONDUCTING MARKET RESEARCH Use the results of Market Research to: • Determine if sources capable of satisfying the agency’s requirements exist. • Determine if commercial items are available. • Ensure maximum practicable use of recovered materials and promote energy conservation and efficiency. • Determine whether bundling is necessary and justified.
CONDUCTING MARKET RESEARCH Agencies should document the results of market research in a manner appropriate to the size and complexity of the acquisition “Requirements personnel and contracting officers must WORK TOGETHER AS A TEAM TO GATHER MARKET DATA needed to make decisions. Market research utilized to justify sole source must be complete and not more than 6 months old. A statement that “the solicitation will be synopsized and that all proposals received will be evaluated” is not a substitute for performing adequate market research and in itself does not support and justify sole source.”
When conducting market research agencies; • should not request potential sources to submit more than the minimum information necessary • should consult with the local SBA PCR as early as possible during the acquisition process • Market research is not just posting a Sources Sought or a RFI notice alone. You should also include results from a search in the Dynamic SB Search website. • The extent of market research WILL VARY, depending on such factors as urgency, estimated dollar value, complexity, and past experience CONDUCTING MARKET RESEARCH
CONDUCTING MARKET RESEARCH • Locating small business sources: • The contracting officer must, to the extent practicable, encourage maximum participation by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in acquisitions by taking the following actions: • 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 Publicize solicitations and contract awards through the Government wide point of entry (see Subparts 5.2 and 5.3)
MARKET RESEARCH TECHNIQUES Techniques for conducting market research may include any or all of the following: • Contact knowledgeable individuals in Government and industry regarding market capability to meet requirements • Review the result of recent market research undertaken to meet similar or identical requirements • Publish formal requests for information in appropriate technical or scientific journals or business publications • Participate in interactive, on-line communication among industry, acquisition personnel ,and customers
MARKET RESEARCHTECHNIQUES cont’d • Obtain source lists of similar items from the contracting activities or agencies, trade associations or other sources • Review catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line • Conduct interchange meetings or hold presolicitation conferences to involve potential offerors early in the acquisition process • Perform informal and formal “Sources Sought” announcements
Market Research Document • Document responses received from RFIs and Sources Sought notices • Identify the number of SBs responding and SB category • Document if they intend to participate as a prime, team member or subcontractor • Document results from Dynamic SB Search queries • Number of results for each category • Identify each SB contacted by name
CONDUCTING MARKET RESEARCH ReferencesFAR Part 10FAR Part 19
CONDUCTING MARKET RESEARCH QUESTIONS????
Office of Government Contracting Mission The Office of Government Contracting’s mission is to help enhance the effectiveness of small business programs by working with Government Contracting and Business Development (GC/BD) program offices and others to develop policies, regulations, and statutory changes.
Basis for SBA Programs Small Business Act • Implements Congressional Policy to aid, counsel, assist & protect the interests of small business concerns • Goal of policy is to ensure that a fair proportion of purchases, contracts & subcontracts be placed with small businesses
What PCRs Do • Promote SBA Programs/8(a) BD • Review Acquisitions, Bundling Cases & • Solicitations • Recommend Set-Asides • Perform Market Research • Provide & Attend Training Events • Perform Surveillance Reviews • Counsel Small, “Other Than Small” & • Federal Agencies • Perform Outreach
What PCRs See • Small Business Review • Form (DD2579) • Government Estimate • Sole Source • J&As • Statement of Work • Acquisition Plan • Market Survey • Purchase Request • Purchase History • Synopsis • Source Selection Criteria • A-76 Information • Sensitive Information • Set-aside appeals • Certificate of • Competency Request • Subcontracting Plans • Bid Abstracts
CONTACT INFORMATION Fred Lagunas 210-536-8685 Fred.lagunas@brooks.af.mil