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SBA Virtual Learning 2017: The 8(a) Business Development Program

Join the SBA Virtual Learning Series to learn about the 8(a) Business Development Program and get your questions answered. Find information, resources, and training on the SBA Learning Center website.

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SBA Virtual Learning 2017: The 8(a) Business Development Program

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  1. SBA 1st First Wednesday Virtual Learning 2017 “The 8(a) Business Development Program”

  2. Hosts Jan Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442 Deborah Crumity, Procurement Center Representative SBA Office of Government Contracting, Area IV, Rock Island Arsenal deborah.d.crumity.civ@mail.mil (309) 782-5734

  3. Welcome to “SBA Virtual Learning 2017” • Questions answered during the final 10 minutes. • Technical problems: Contact the moderator with a note or call AT&T Connect Support at 1-888-796-6118. • Page numbers stated for those working off hard copies of the program. • We cover the “SBA Quick Reference” as time allows. • For more SBA training visit the SBA Learning Center website https://www.sba.gov/tools/sba-learning-center/search/training

  4. Association of Procurement Technical Assistance Centers posts past “First Wednesday” programing • Check this link for past programs: • http://www.aptac-us.org/for-contracting-officers-sba-webinar-library/ • Contracting officer resources: “How PTACs partner with federal agencies”: • http://www.aptac-us.org/federal-partners/ • Find your nearest Procurement Technical Assistance Center at http://www.aptac-us.org

  5. FIRST WEDNESDAY VIRTUAL LEARNING SERIES – 2017 SCHEDULE 9:30 to 10:30 Central Time The program schedule above is for information only and is subject to change.

  6. Thank You to our 2017 audience We will return on OCT 4, 2017 for the 2018 First Wednesday Learning Series with the revised afternoon time of 2:00 – 3:00 p.m. Eastern.

  7. One Continuous Learning Point • Self-service: Using the PowerPoint that was sent with your invitation for this training event, fill in your name on the certificate slide and save. Download the certificate and print for your records. You submit your request for training credit IAW your agency policy, i.e. FAITAS. • Phoning in only: If you listen in groups and you want all attendees to be included on the future mailing list, send email addresses of participants in an excel document to sbalearning@sba.gov.

  8. Presenters Van Tran, Director Office of Certification & Eligibility Office of Business Development & Government Contracting van.tran@sba.gov (202) 205-7567 K.A. Perkins, Business Management Specialist Office of Management & Technical Assistance Office of Business Development & Government Contracting kanika.perkins@sba.gov (202) 205-6294 Laura Foster, Attorney Advisor Office of General Counsel laura.foster @sba.gov (202) 205-6473

  9. Certification & Eligibility 8(a) Business Development (BD) Program Overview

  10. 8(a) Application Process

  11. Eligibility Requirements *Click “Title 13”, Then “Part 124”

  12. Van Tran Director Office of Certification & Eligibility Office of Business Development & Government Contracting Small Business Administration 202-205-7567 van.tran@sba.gov For 8(a) Continuing Eligibility Questions…

  13. Construction & Bona Fide Offices The What, When, Where, Why, and How for Contracting Professionals

  14. Authority • Bona Fides Defined • Bona Fide Determinations • Determinations of Eligibility • Offer Letters • Geographical Boundaries • Exercises Agenda

  15. Authority

  16. This statutory provision is intended to promote efficiency and cost-effectiveness in fulfilling construction requirements. Because of the capital intensity of construction projects (i.e., equipment, etc.), costs should be lower the closer the contractor is to the construction project. SOP 80 05 5, Chapter 4D – Construction & Bona Fide Offices Authority

  17. “[T]o the maximum extent practicable, 8(a) construction requirements should be awarded to an 8(a) Participant firm within the county or State where the work is to be performed. Section 8(a)(11) of the Small Business Act (15 U.S.C. §637(a)(11)) Authority

  18. Bona fides defined

  19. “[F]or purposes of 8(a) construction procurements, means a location where a Participant regularly maintains an office which employs at least one full-time individual within the appropriate geographical boundary. The term does not include construction trailers or other temporary construction sites. 13 CFR §124.3 What is a Bona Fide Place of Business?

  20. Meaning Evidence Third Party Transactions Lease Agreements Payroll Records Advertisements Bills Correspondence Local Licensing or Filings Construction License • “…conducting business activities as an on-going business concern from a fixed location on a daily basis.” 13 CFR §124.3 “Regularly Maintains”

  21. Meaning Evidence Employee Agreements Payroll Records Tax Documentation Employee Benefits Documentation • “…conducting business activities of the Participant during normal business hours” • Individual may not work for any other person/entity during normal business hours • Employees obtained from temporary employment agencies and the like may be considered employees 13 CFR §124.3 & SOP 80 05 5, Chapter 4D “Full-Time Individual”

  22. Bona fide determinations

  23. Bona Fide Determinations: Overview

  24. If DO Grants the Bona Fide If DO Denies the Bona Fide The DO Must Submit Bona Fide to OMTA for AA/BD Approval The Participant Bears the Burden of Proof A Participant may Reapply at Any time • DO Will Issue the Participant an Official Letter • The Letter is Valid as Long as there are no Material Changes • DO may Reevaluate Status at Any Time Bona Fide Determinations

  25. Eligibility determinations

  26. Eligibility is based on 8(a) BD program criteria, including whether the Participant is… 13 CFR §124.507(b)(2) Eligibility Determination: Factors

  27. How will SBA Determine Participant Eligibility in Sealed Bid vs. Negotiated Acquisitions? Eligibility Determination: Overview

  28. Determining eligibility continues until an eligible offeror is identified • If procuring agency believes apparent successful offeror is not responsible, SBA must conduct a COC Eligibility Determination: Overview

  29. Servicing DO conducts eligibility determination • Eligibility determination includes bona fide place of business status • Servicing DO must rely on reviewing DO’s place of business status determination Eligibility Determination: Overview

  30. Eligibility of competitive construction requirements are determined as of the date of a Participant’s initial offer, including price • Eligibility of sole-source construction requirements are determined as of the date SBA accepts the requirement Eligibility Determination: Overview

  31. Offer letters

  32. Where you submit an offering letter depends on the requirement Where to Send Your Offer Letter: Sole Source

  33. Processing Offer Letters

  34. Competitive 8(a) Sole Source 8(a) Open Sole Source Must Submit the Offer Letter to the DO Where the Work is to be Performed The DO will nominate an eligible participant Priority of finding an eligible firm starts at the DO level, the surrounding DO, Regional, National, and may be referred to AA/BD if eligible Participant can’t be found • Must Submit the Offer Letter to the DO Where the Work is to be Performed • If the Work is in More than one Geographical Area, Choose the DO where Most of the Work Will be Performed • In this case, OMTA Makes Final Determination Competitive & Open Sole Source

  35. Geographical boundaries

  36. If the work will be performed in more than one area, the requirement will be offered to the DO servicing the geographical area where the majority of the work is to be performed • The DO must immediately forward the requirement to the AA/BD or designee via the D/MTA so that a geographical determination can be conducted GB: The Basics

  37. When an agency believes there’s enough competition to limit the geographical boundary… • OMTA within SBA Headquarters makes the determination • SBA will consider the number of firms within the DO’s portfolio with the capacity to perform the requirement • When competition appears insufficient, SBA will consider expanding the geographical boundaries • Only those Participants with bona fide places of business within the established geographic boundary are eligible to submit offers GB: The Approval Process

  38. exercises

  39. True or false. All 8(a) Participants must have a bona fide place of business as part of the 8(a) BD Program. False. Construction 8(a) Participants must have a bona fide place of work in the applicable geographical area of the requirement. Exercise 1

  40. True or false. The purpose of the bona fide office requirement is to promote efficiency and cost- effectiveness in fulfilling construction requirements. True. Exercise 2

  41. True or false. Although trailers with wheels not bona fide offices, trailers without wheels are. The wheels signify the intent to move. False. 13 CFR §124.3 makes the distinction between temporary and fixed places of business but does not make an exception for trailers without wheels. Exercise 3

  42. True or false. Once a reviewing DO receives a bona fide package from the servicing DO it has 10 days to make a determination. False. The reviewing DO has 10 days to perform a site visit and then five (5) days to make a determination. Exercise 4

  43. True or false. Once a reviewing DO denies a prospective bona fide package, SBA Headquarters must review the package to make a determination. If SBA Headquarters agrees, the Participant can re-submit its package at any time. True. Exercise 5

  44. True or false. For all construction requirements except overseas construction, the agency must submit its offer letter to the district office where the work will be performed. True. Exercise 6

  45. True or false. SBA has five working days to approve/reject sole-source, competitive, and under-SAT offer letters. False. Although agencies are not required to submit offer letters for under-SAT requirements, SBA has two (2) days to approve/reject and five (5) days to approve/reject sole-source and competitive offer letters. Exercise 7

  46. True or false. SBA will consider the number of firms within the DO’s portfolio with the capacity to perform the requirement. True. Exercise 8

  47. K.A. Perkins Business Management Specialist Office of Management & Technical Assistance Office of Business Development & Government Contracting Small Business Administration 202-205-6294 kanika.perkins@sba.gov For 8(a) Contracting Questions…

  48. Questions

  49. ”SBA Quick Reference”

  50. Dynamic Small Business Search

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