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First Wednesday Virtual Learning: SBA Subcontracting Plan Compliance 2017

Join the SBA Virtual Learning 2017 session on subcontracting plan compliance supported by procurement experts. Learn about FAR regulations, assistance, SUB-Net platform, and more.

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First Wednesday Virtual Learning: SBA Subcontracting Plan Compliance 2017

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  1. SBA 1st First Wednesday Virtual Learning 2017 “Subcontracting Plan Compliance”

  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 For Your Feedback We conducted a time change trial in DEC – JAN – FEB and held the First Wednesday training later in the day. Your feedback was requested via survey and you responded. • 10:30 a.m. Eastern - I like the time as it has been 34.12% • 2:00 p.m. Eastern - I like the time change in the trial period 38.59% • I am neutral.  Both the past time and the one in the trial period 27.29% works for me. Thank you for the feedback regarding suggested topics which we are currently reviewing for next fiscal year. • Additional thoughts? Send them to sbalearning@sba.gov.

  7. CAUTION – Do not recommend fee for service (.com) firms for SAM registration There are firms that require fee for services to assist small businesses in a variety of ways. Registration in SAM, proposal preparations, certifications (not authorized by SBA) and assistance in getting on GSA Federal Supply Schedules and more. No government official should be promoting any individual business’ services or products as this implies endorsement of one firm over all others. The government has to remain impartial.  If you come across something that you think is great, encourage that firm to market itself, but do not market on their behalf.  The government, through the Department of Defense established the Procurement Technical Assistance Program (PTAP) which has centers throughout the country that do provide this and many other services – most of which are at no cost to a firm.

  8. 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.

  9. Presenters Angela Terry Subcontracting Program Manager U.S. Small Business Administration Office of Government Contracting (202)205-9455 angela.terry@sba.gov Stephanie Lewis Size Specialist U.S. Small Business Administration Office of Government Contracting (817) 774-1380 Stephanie.Lewis@sba.gov Sally Walton Procurement Center Representative (PCR) U.S. Small Business Administration Office of Government Contracting (505) 845-4578 sally.Walton@sba.gov

  10. What We Will Cover • What’s New in Subcontracting Plan Regulations • Did You Know? • Who Can Offer Assistance • SUB-Net • Questions

  11. What’s New Subcontracting Plan Requirements • FAR 19.704(a)(12) – Assurance to use the Pre-appointed Small Businesses • FAR 19.704(a)(13) - Communication with Contracting Officers • FAR 19.704(a)(14) and (15) – Payment to SB Subcontractors • FAR 19.704(a)(10)(iii) – Task Order Requirements

  12. Assurance to use the Pre-appointed Small Businesses Discussion Topics • FAR 19.704(a)(12) What do you do when a subcontractor contacts you to inform you that the prime contractor didn’t utilize their products or services although they used their price, cost and technical information in the proposal? • FAR 19.704(a)(13) What do I do if I receive written notification from the prime stating they did not use a subcontractor that participated in the preparation of the proposal?

  13. Assurance to use the Pre-appointed Small Businesses FAR 19.704(a)(12) • The offeror must make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. • Responding to a request for a quote does not constitute use in preparing a bid or proposal.

  14. Assurance to use the Pre-appointed Small Businesses FAR 19.704(a)(12) • An offeror used a small business concern in preparing the bid or proposal if— • (i) The offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the contract; or • (ii) The offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the offeror is awarded the contract;

  15. Communication with Contracting Officers FAR 19.704(a)(13) • The contractor will provide the contracting officer with a written explanation if the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (a)(12) of this section. • This written explanation will be submitted to the contracting officer within 30 days of contract completion.

  16. Communicating with the subcontractor FAR 19.704(a)(14) Discussion Topic • FAR 19.704(a)(14) What do I do if I receive a letter or telephone call from the subcontractor stating they are having payment and utilization problems with their prime contractor or higher tier subcontractor? • FAR 19.704(a)(15) What do I do if I receive a letter or telephone call from the subcontractor stating they are not receiving payments on time or for the amount that was agreed to in the subcontract?

  17. Communication with the SubcontractorFAR 19.704(a)(14) • The contractor cannot prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor.

  18. Payments to Small Business SubcontractorsFAR 19.704(a)(15) The offeror • Must pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and • Must notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor (see 52.242-5). • FAR 19.701 – Untimely Payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

  19. Task Order ReportingFAR 19.704(a)(10)(iii) • FAR 19.704(a)(10)(iii) After November 30, 2017, agencies will include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity (IDIQ) contracts intended for use by multiple agencies Discussion Topic • How will agencies submit subcontract data for task orders?

  20. Task Order RequirementsFAR 19.705-1(b)(2) • FAR 19.705-1(b)(2) Contracting officers placing orders may establish small business subcontracting goals for each order. Establishing goals shall not be in the form of a new subcontracting plan as a contract may not have more than one plan (19.705-2(e)). Discussion Topics: • Contracting Officers can require “Other Than Small Business” to provide subcontracting goals on each task order. • This will be the goals only crafted following the guidance in FAR 19.704(1-6)

  21. Did You Know? • Discussion of 19.705-2 (e) • (e) A contract may not have more than one subcontracting plan. However, a contracting officer may establish separate subcontracting goals for each order under an indefinite-delivery, indefinite-quantity contract (19.705-1(b)(2)). • When a contract modification exceeds the subcontracting plan threshold (see 19.702(a)) or an option is exercised, the goals of an existing subcontracting plan shall be amended to reflect any new subcontracting opportunities not envisioned at the time of contract award. • These goal changes do not apply retroactively.

  22. Who Can Be of Assistance? • eSRS Functionality Questions • Federal Service Desk www.fsd.gov • Within U.S. - Toll Free at 1-866-606-8220 • Outside U.S. - 34-206-7828 • Assistance with Interpreting SBA’s Regulations • Kenneth Dodds • Director, Office of Policy, Planning & Liaison • 202-619-1766 • kenneth.dodds@sba.gov

  23. Who Can Be of Assistance? • Assistance with Enforcement or Compliance Questions • Pre-award: Procurement Center Representatives (PCR) - Assistance with developing Subcontracting Plans • Post-award: Commercial Market Representatives (CMR) - Assistance with identifying subcontracting possibilities or subcontracting plan compliance issues • How to locate a PCR or CMR for your Area: Log on to www.SBA.gov Click Contracting Scroll down to Resources for Small Business Click on CMR or PCR

  24. Who Can Be of Assistance? • Prime Contracts Program Manager • Valerie Coleman • valerie.coleman@sba.gov • 281-245-4777 • Subcontracting Program Manager • Angela Terry • angela.terry@sba.gov • 202-205-9455

  25. New SUB-Net • Sub-Net • Utilize Sub-Net to determine if a NAICS has subcontracting possibilities or events • OTSB can post specific subcontracting opportunities and events for small businesses • The new SUB-Net will soon be available • Use Acceptance Testing (UAT) is the week of April 17 • Newcapabilities

  26. Sub-Net Solicitation Map Search

  27. Sub-Net Solicitation Advance Search

  28. Sub-Net Solicitation Search Results

  29. Questions

  30. ”SBA Quick Reference”

  31. Dynamic Small Business Search

  32. Summary of CFR Regulations SBA Size Regulations 13 CFR Part 121 HUBZone Regulations 13 CFR 126.616 SBA Certificate of Competency 13 CFR 125.5 Service-Disabled Veteran 13 CFR 125.15(b) 8(a) and SDB Regulations 13 CFR 124.513 Small Disadvantaged Business 13 CFR 124.1002(f) WOSB Program 13 CFR 127 SBA Prime Contracting 13 CFR 125.2 SBA Subcontracting 13 CFR 125.3

  33. A. SBA Government Contracting Area Offices 1. SBA Procurement Center Representatives (PCRs) 2. SBA Commercial Market Representatives (CMRs) B. SBA District Offices 1. Business Opportunity Specialists (BOS) C. SBA Regional Offices D. SBA Headquarters Types of SBA Contacts and Offices

  34. Six SBA Government Contracting Areas at hyperlink: https://www.sba.gov/content/pcr-directory

  35. A. SBA Quick Reference - SBA Area Offices 1. Size protests (with recertification) FAR 19.302 13 CFR 121.1001 13 CFR 121.1010 2. Locating nearest SBA staffer FAR 19.4 3. Certificate of Competency FAR 19.6 13 CFR 125.5 4. COC Limitations on Subcontracting Compliance FAR 19.601 13 CFR 125.6(f) 5. Receiving copies subcontracting plans FAR 19.705-6

  36. B. SBA Quick Reference -SBA Procurement Center Representatives (PCRs) FAR 19.402  Small Business Administration procurement center representatives. (a)(1) The SBA may assign one or more procurement center representatives to any contracting activity or contract administration office to carry out SBA policies and programs… (2) If a SBA procurement center representative is not assigned to the procuring activity or contract administration office, contact the SBA Office of Government Contracting Area Office….. (b) Upon their request and subject to applicable acquisition and security regulations, contracting officers shall give SBA procurement center representatives….access to all reasonably obtainable contract….

  37. 1. SBA PCR coordination records FAR 19..501(b)    13 CFR 125.2 2. Small business set-aside appeals FAR 19.505 13 CFR 125.2(b)(7) 3. HUBZone set-aside appeals FAR 19.1305 FAR 19.1306 13 CFR 126.61 4. SDVOSB set-aside appeal FAR 19.1405 FAR 19.1406 13 CFR 125.22 5. Reporting bundling to SBA (MATOCs) FAR 19.202-1(e)(1) 13 CFR 125.2 6. SBA subcontracting plan reviews-copies FAR 19.705-5(3) 13 CFR 125.2(b)(6)(iii) FAR 19.705-6(c) 13 CFR 125.2(b)(6)(iii)(C) 7. SBA subcontracting program review FAR 19.707(4) 13 CFR 125.2(b)(6)(iii)(C) 8. Small business TFD FAR 49.402-3 (e)(4)) (Termination for default) 9. Surveillance review of agency contracting B. SBA Quick Reference SBA PCRs, cont.

  38. Small Business Coordination Forms Sent To SBA PCRs

  39. Document that you have provided SBA Area Directors with copies of subcontracting plans • 19.705-6 Postaward responsibilities of the contracting officer. …: • Notifying the SBA of the award by sending a copy of the award document to the Area Director, Office of Government Contracting, in the SBA area office where the contract will be performed. • (c) Giving to the SBA procurement center representative….a copy of— • (1) Any subcontracting plan submitted in response to a sealed bid solicitation; and • (2) The final negotiated subcontracting plan that was incorporated into a negotiated contract or contract modification. • (d) Notifying the SBA procurement center representative…. of the opportunity to review subcontracting plans in connection with contract modifications.

  40. C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at: https://www.sba.gov/content/cmr-directory • Prime contractor portfolio management 13 CFR 125.3 • Reviews of subcontracting plan holders 13 CFR 125.3 • Matchmaking 13 CFR 125.3 • SBA SUB-Net link at: http://www.sba.gov/content/sub-net • SBA Subcontracting Opportunities Directory link at: http://www.sba.gov/subcontracting-directory • “SBLO Handbook” link at: http://www.sba.gov/content/small-business-liaison-officer-handbook

  41. D. SBA Quick Reference – SBA Regional and District Offices Link to district offices at: http://www.sba.gov/about-offices-list/3

  42. D. SBA Quick Reference - SBA District Offices, cont. To locate SBA 8(a) business development servicing office, check Dynamic Small Business Search at the link: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm and then local resources at the link http://www.sba.gov/tools/local-assistance/districtoffices

  43. 1. HUBZone status protests FAR 19.306  13 CFR 126.801 2. NAICS code appeal FAR 19.30 3 13 CFR 121.1103 3. Non-manufacturer rule waivers FAR 19.102(f)(1)-(7) 13 CFR 121.1204 4. SDVOSB status protest FAR 19.307 13 CFR 125.23 5. WOSB Program status protest FAR 19.308/13 CFR 1275.600 E. SBA Quick Reference - SBA Headquarters

  44. FAR 19.102 (f ): No class waiver to NMR? Check out an individual waiver*

  45. A. If you find no class waivers, an SBA individual waiver to the Nonmanufacturer Rule (NMR) may help you to achieve small business goals if*: B. A waiver for a set-aside is not needed when:1. One small business manufacturer:* Small business set-aside2. Small business manufacturer, brand specific of any dollar size with FAR 6 justification:* Small business set-aside3. Large business, brand specific (or brand equivalent) requirement $25,000 or less with FAR 6:* Small business set-asideC. GSA schedule: Use the closest code listed on the schedule. Then same as above if no class waiver. D. Exception to “NMR” if procurement $25,000 or less. (FAR 19.102 (f)(7)(B))

  46. NMR Program Office The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to nmrwaivers@sba.gov.

  47. SBA 1st First Wednesday Virtual Learning 2017 Find your PCR at https://www.sba.gov/content/pcr-directory

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