Contracting with HUBZone Certified Businesses | SBA Virtual Learning 2016

1. “SBA 1st First Wednesday Virtual Learning 2016” “Contracting with HUBZone Certified Small Businesses”

2. Presenters: Mariana Pardo, Director HUBZone Program Washington, DC mariana.pardo@sba.gov Alison Mueller, Attorney Advisor Office of General Counsel Washington, DC Alison.Mueller@sba.gov

3. Hosts: • Dwight A. Johnson, Procurement Center Representative SBA Office of Government Contracting, Area IV, Omaha sbalearning@sba.gov (402) 221-7206 • Janis Kaiser, PCR SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442

4. SBA Government Contracting Area Directors, Office of Government Contracting(https://www.sba.gov/content/pcr-area-directors) Size protests FAR Part 19.3 SBA staff FAR Part 19.4 Certificates of Competency FAR Part 19.6 Subcontracting plans FAR Part 19.7 Reminders: SBA approves joint ventures of 8(a) firms only. Do not ask any other small business JVs for evidence of SBA approval. WOSB program set-asides are NAICS code driven.

5. Welcome to “SBA Virtual Learning 2016” • 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 of hard copies of the program. • We cover the “SBA Quick Reference” as time allows. • Find your nearest Procurement Technical Assistance Center at http://www.aptac-us.org

6. 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/

7. CAUTION – Do not recommend fee for service firms for SAM registration There are firms that offer fee for services to assist small businesses in a variety of ways. Registration in SAM, proposal preparations, certifications (not authorized by SBA) assistance in getting on GSA Federal Supply Schedules and so forth. 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) who have centers throughout the country that do provide this and many other services – most of which are at no cost to a firm.”  

8. 1102 FIRST WEDNESDAY VIRTUAL LEARNING SERIES 2016”9:30 to 10:30 Central Time

9. One Continuous Learning Point • Self-service: Fill in your name on the certificate slide and save. • Phoning in only? Send an email immediately to sbalearning@sba.gov to verify your participation. If you listen in groups, send emails of participants in an excel document. • Post program email. This contains a time sensitive .wmv recording, a transcript of the program, along with another copy of the program PowerPoint.

10. “Contracting with HUBZone Certified Small Businesses” Historically Underutilized Business Zone Program 13 CFR part 126 FAR subpart 19.13

11. Overview HUBZONE SET-ASIDES (13 CFR 126.607, FAR 19.1305) AND SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) SET ASIDE OF ORDERS HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION (13 CFR 126.613, FAR 19.1307) LIMITATIONS ON SUBCONTRACTING (13 CFR 126.700, FAR 19.1308) AND NONMANUFACTURER RULE (13 CFR 126.601, FAR 19.1303)

12. SBA administers the HUBZone Program • Status as a HUBZone small business concern (SBC) is determined by SBA, pursuant to 13 CFR part 126 • A firm must apply to SBA for HUBZone certification (13 CFR 126.300 to 126.309) • If SBA determines that a concern is a HUBZone SBC, it will issue a certification to that effect and will add the concern to the List of Qualified HUBZone Small Business Concerns at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm • Only firms on the List are HUBZone SBCs and eligible for HUBZone contracting preferences and awards

13. HUBZONE CONTRACTS (13 CFR 126.600) • HUBZone contracts (including Multiple Award Contracts) are those awarded through: • Sole source awards to qualified HUBZone SBCs • Set-aside awards, including partial set-asides, based on competition restricted to qualified HUBZone SBCs • Awards to qualified HUBZone SBCs through full and open competition after a price evaluation preference is applied • Awards based on a reserve for HUBZone SBCs in a solicitation for a Multiple Award Contract • Orders set-aside for HUBZone SBCs against a Multiple Award Contract that was awarded in full and open competition

14. Requirements to bid on HUBZone contract (13 CFR 126.601) • At the time a certified HUBZone SBC submits its initial offer on a specific HUBZone contract, it must certify to the CO that: • It is a qualified HUBZone SBC that appears on SBA’s List; • There has been no material change in its circumstances that could affect its HUBZone eligibility since the date of certification; • It is small under the NAICS code assigned to the procurement; and • It will “attempt to maintain” the required percentage of employees who are HUBZone residents during the performance of a HUBZone contract.

15. STATUS AS A HUBZONE SMALL BUSINESS CONCERN • To be eligible for a HUBZone contract, a concern must be a HUBZone SBC both at the time of its initial offer and at the time of contract award (13 CFR 126.601(c)) • In general, a joint venture may be considered a HUBZone SBC if both joint venturers are certified HUBZone SBCs and each concern is small under the NAICS code assigned to the contract (13 CFR 126.616)

16. How to Locate HUBZone contractors USING the dynamic Small business search (DSBS)

17. DSBS – How HUBZone certification is displayed • Each firm’s DSBS profile has two fields relevant to HUBZone certification: • “HUBZone Certified? [ ] Yes [ ] No” • “HUBZone Certification Date” • "HUBZone Certified? [X] Yes [ ] No” indicates the firm is currently HUBZone certified • "HUBZone Certified? [ ] Yes [X] No” indicates the firm is NOT currently HUBZone certified • “HUBZone Certification Date” indicates the initial date of certification and does not reflect the dates of any recertification process, which are internal to SBA • NOTE: An approval letter or recertification letter is NOT valid evidence that a firm is currently HUBZone certified, since a firm may have been decertified since the notice was issued.

18. DSBS – EXAMPLE OF CURRENTLY CERTIFIED HUBZONE SMALL BUSINESS

19. DSBS – EXAMPLE OF DECERTIFIED SBC

20. DSBS – EXAMPLE OF NON-HUBZONE SBC

21. Relationship among small business programs(FAR 19.203) • There is no order of precedence among the 8(a) Program, HUBZone Program, Service-Disabled Veteran-Owned Small Business Procurement Program, or the Women-Owned Small Business (WOSB) Program • In determining which socioeconomic program to use, the contracting officer should consider, at a minimum— • Results of market research • Agency progress in fulfilling small business goals

22. HUBZONES and parity AT or Below SAT ABOVE SAT The contracting officer shall first consider an acquisition for the 8(a), HUBZone, SDVOSB, or WOSB programs before using a small business set-aside. However, if a requirement has been accepted by the SBA under the 8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release. • The requirement to exclusively reserve acquisitions for small business concerns at FAR 19.502-2(a) does not preclude the contracting officer from awarding a contract to a small business under the 8(a) Program, HUBZone Program, SDVOSB Program, or WOSB Program.

23. Overview HUBZONE SET-ASIDES (13 CFR 126.607, FAR 19.1305) AND SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) SET ASIDE OF ORDERS HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION (13 CFR 126.613, FAR 19.1307) LIMITATIONS ON SUBCONTRACTING (13 CFR 126.700, FAR 19.1308) AND NONMANUFACTURER RULE (13 CFR 126.601, FAR 19.1303)

24. HUBZONE SET-ASIDE PROCEDURES (13 CFR 126.607, FAR 19.1305) • The contracting officer— • May set-aside acquisitions exceeding the micro-purchase threshold for competition restricted to HUBZone small business concerns; and • Shall consider HUBZone set-asides before considering HUBZone sole source awards or small business set-asides. • To set aside an acquisition for competition restricted to HUBZone SBCs, the contracting officer must have a reasonable expectation that— • Offers will be received from 2 or more HUBZone SBCs; and • Award will be made at a fair market price.

25. HUBZONE SET-ASIDE – ONLY ONE OFFER or NO OFFERS(FAR 19.1305(c)) • If the contracting officer receives only one acceptable offer from a qualified HUBZone SBC, the contracting officer should make an award to that concern • If the contracting officer receives no acceptable offers from HUBZone SBCs, the HUBZone set-aside shall be withdrawn and the requirement set aside for small business concerns, as appropriate (see 19.203)

26. HUBZONE SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) • A contracting officer may award a contract to a HUBZone SBC on a sole source basis (before considering small business set-asides) if— • The CO does not have a reasonable expectation that offers would be received from 2 or more HUBZone SBCs • The anticipated price of the contract (including options) will not exceed— • $6.5 M for a requirement assigned a manufacturing NAICS code; or • $4 M for all other requirements • The requirement neither is currently being performed by an 8(a) participant nor has been accepted as an 8(a) requirement by SBA • The acquisition is greater than the simplified acquisition threshold • The HUBZone SBC has been determined to be a responsible contractor with respect to performance • Award can be made at a fair and reasonable price • SBA has the right to appeal the contracting officer’s decision not to make a HUBZone sole source award

27. Overview HUBZONE SET-ASIDES (13 CFR 126.607, FAR 19.1305) AND SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) SET ASIDE OF ORDERS HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION (13 CFR 126.613, FAR 19.1307) LIMITATIONS ON SUBCONTRACTING (13 CFR 126.700, FAR 19.1308) AND NONMANUFACTURER RULE (13 CFR 126.601, FAR 19.1303)

28. Set-asides of Orders • FAR subpart 19.5 – Agencies may: • set aside part or parts of a multiple-award contract for HUBZone SBCs • set-aside orders placed against multiple-award contracts for HUBZone SBCs • reserve one or more contract awards for HUBZone SBCs, under full and open multiple-award procurements • FAR subpart 8.4 – Agencies may set-aside orders and BPAs under the GSA Schedule • FAR subpart 16.5 – Agencies may set-aside orders for SBCs in connection with multiple award contracts and no justification for this exception to fair opportunity is required

29. SET-ASIDE OF ORDERS – FAR PART 19 APPLIES FAR 8.405-5(a)(2) states that when setting aside orders and BPAs against the Schedule: • The specific small business program eligibility requirements identified in part 19 apply. FAR 16.505(b)(2)(i)(F) states that when setting aside orders for small business concerns: • The specific small business program eligibility requirements identified in part 19 apply. What does this mean? Examples: • HUBZone joint venture requirements apply • HUBZone performance of work requirements apply

30. Overview HUBZONE SET-ASIDES (13 CFR 126.607, FAR 19.1305) AND SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) SET ASIDE OF ORDERS HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION (13 CFR 126.613, FAR 19.1307) LIMITATIONS ON SUBCONTRACTING (13 CFR 126.700, FAR 19.1308) AND NONMANUFACTURER RULE (13 CFR 126.601, FAR 19.1303)

31. PRICE EVALUATION PREFERENCE FOR HUBZONE SBCs –”Full and Open” only(13 CFR 126.613, FAR 19.1307) • The price evaluation preference for HUBZone SBCs shall be used in acquisitions conducted using full and open competition • The preference shall not be used— • Where price is not a selection factor (e.g.,Architect/Engineer acquisitions) • Where all fair and reasonable offers are accepted (e.g.,the award of multiple award schedule contracts)

32. APPLYING THE PRICE EVALUATION PREFERENCE • The contracting officer shall give offers from HUBZone SBCs a “price evaluation preference” by adding a factor of 10% to all offers EXCEPT— • Offers from HUBZone SBCs that have not waived the evaluation preference • Otherwise successful offers from small business concerns • The factor of 10% shall be applied on a line item basis or to any group of items on which award may be made

33. Price evaluation preference – example 1 • The large business is the lowest, responsive and responsible offeror. • After applying the 10% PEP to the large business, the large business is still the lowest, responsive and responsible offeror as compared to the HUBZone SBC. • In this example, the application of the PEP does not benefit the HUBZone SBC. The large price is still lowest.

34. Price evaluation preference – example 2 • The large business is the lowest, responsive and responsible offeror. • After applying the 10% PEP to the large business, the large business is no longer the lowest, responsive and responsible offeror as compared to the HUBZone SBC. • In this example, the application of the PEP does benefit the HUBZone SBC.

35. Overview HUBZONE SET-ASIDES (13 CFR 126.607, FAR 19.1305) AND SOLE SOURCE AWARDS (13 CFR 126.612, FAR 19.1306) SET ASIDE OF ORDERS HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION (13 CFR 126.613, FAR 19.1307) LIMITATIONS ON SUBCONTRACTING (13 CFR 126.700, FAR 19.1308) AND NONMANUFACTURER RULE (13 CFR 126.601, FAR 19.1303)

36. Limitations on subcontracting (13 CFR 126.700, FAR 19.1308) • A HUBZone SBC prime contractor may subcontract part of a HUBZone contract, provided the HUBZone SBC meets the following requirements: • The CO may waive this 50% requirement if (s)he determines that at least 2 HUBZone SBCs cannot meet it

37. LIMITATIONS ON SUBCONTRACTING - CONSTRUCTION • The rule below applies to both general construction and construction by special trade contractors • Before issuing a solicitation for construction, the CO shall determine if at least two HUBZone SBCs can spend at least 50% of personnel costs on their own employees or employees of other HUBZone SBCs • If the CO determines that at least two HUBZone SBCs cannot meet the 50% requirement, the CO can waive it by using the Alternate I to the 52.219-3 or -4 clause. HUBZone SBCs would then need to meet general LOS requirements (i.e., 15% for general construction and 25% for specialty construction)

38. NONMANUFACTURER RULE (NMR)(13 CFR 126.601, FAR 19.1303) A HUBZone SBC may submit an offer for supplies as a nonmanufacturer if it meets the requirements of the nonmanufacturer rule set forth at 13 C.F.R. § 121.406(b)(1) and if the small business manufacturer providing the end item is also a HUBZone SBC • There are no waivers to the nonmanufacturer rule for HUBZone contracts • For HUBZone contracts at or below $25,000 in total value, a HUBZone SBC may supply the end item of any manufacturer, as long as the product acquired is manufactured or produced in the U.S.

39. COMPLIANCE WITH LOS & NMR • When do the HZ LOS and NMR apply? • HUBZone set-asides • Partial HUBZone set-asides • HUBZone reserves • Orders set-aside for HUBZone SBCs • What is the compliance period? • Full or partial set aside: base term and each subsequent option period • HOWEVER, CO may require concern to meet the LOS or NMR for each order • Reserve or order set-aside under F&O: term of order

40. “SBA 1st First Wednesday Virtual Learning 2016” “Contracting with HUBZone Certified Small Businesses”

41. ”SBA Quick Reference: Whom to Contact for What in SBA Government Contracting”

42. Dynamic Small Business Search Dynamic Small Business Search is alive and well. Link: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

43. 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

44. A. SBA Government Contracting Area Offices B. SBA Procurement Center Representatives (PCRs) C. SBA Commercial Market Representatives (CMRs) D. SBA District Offices E. SBA Headquarters FIVE TYPES OF SBA CONTACTS & OFFICES

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

46. 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 46

47. 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….

48. 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.

49. Small business coordination forms sent to SBA PCRs

50. 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.