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Navy Marine Corps Acquisition Regulation Supplement


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PART 5219 SMALL BUSINESS PROGRAMS

 

SUBPART 5219.2 POLICIES

 

5219.201 General policy.

(a) DON policy is to utilize small business,  veteran-owned small business, service-disabled veteran-owned small business, HUBZone  small business, small disadvantaged business, and women-owned small business concerns to  obtain its requirements. Such concerns shall have the maximum practicable opportunity to  participate both as prime contractors and as subcontractors.

(c)(8) The HCA shall assign a small business  technical advisor to each office where a resident Small Business Administration (SBA)  procurement center representative is located.

(10)(B) In accordance with ASN(RDA) memorandum  entitled Small Business Coordination

Review Application dated February 2, 2016, with  the exception of SeaPort, contracting officers

shall prepare the DD 2579 using the online  Small Business Coordination Review (SBCR) Application (App) and submit the form to the  Small Business Professional via https://my.navsup.navy.mil/apps/ops$sbc.home.

(10)(A) The review requirements are not  applicable to:

(i) orders placed against single award  indefinite delivery type contracts since the review is performed prior to award of the  basic contract; or

(ii) awards to small business concerns under the  SBIR Program.

(e) Small business specialists are appointed in  accordance with SECNAVINST 4380.8. Small business specialists:

(1) brief the appointing authority quarterly on  implementation of the activity's Small and Disadvantaged Business Utilization (SBP)  program; and

(2) conduct SBP program training sessions to  ensure that contracting and technical personnel maintain knowledge of program  requirements.

(S-90) Reviews of SBP program implementation at  DON contracting activities are normally conducted as a segment of the PPMAP reviews (see  5201.691). The Director, OSBP, will establish guidelines for the PPMAP review SBP  segment. PPMAP review SBP segments should be coordinated with the PPMAP review team  leader. For reviews under 5201.691-2, the Director, OSBP, will designate SBP review team  members. Associate Directors of Small Business are responsible for implementation of the  PPMAP review SBP segment of their field contracting activities including designating  PPMAP review SBP team members and monitoring compliance with their recommendations. Team  members should generally be Deputies for Small Business from other than the activity  under review. Associate Directors of Small Business are responsible for providing a copy  of the PPMAP review SBP segment report(s) to the Director, OSBP.

 

5219.202 Specific policies.

5219.202-1 Encouraging small business  participation in acquisitions.

Contracting activities should, when  practicable, conduct briefings on planned acquisitions for small business, veteran-owned  small business, service-disabled veteran-owned small business, HUBZone small business,  small disadvantaged business, and women-owned small business concerns, and Historically  Black Colleges and Universities (HBCUs) and Minority Institutions (MIs).

 

SUBPART 5219.5 SET-ASIDES FOR SMALL  BUSINESS

 

5219.505 Rejecting Small Business  Administration recommendations.

(d) The justification shall be forwarded through  the HCA to the Director, OSBP, and shall include copies of all correspondence between  the activity and the SBA related to the appeal, together with the rationale justifying  the activity's non-set aside determination.

 

SUBPART 5219.7 THE SMALL BUSINESS  SUBCONTRACTING PROGRAM

 

5219.705 Responsibilities of the  contracting officer under the subcontracting assistance program.

 

5219.705 4 Reviewing the  subcontracting plan.

(d) When evaluating proposed subcontracting  plans, contracting officers should obtain advice and recommendations from the  cognizant CAO, and shall do so for any subcontracting plan that does not contain  positive goals. The CAO should be specifically requested to review the factors used by  the prime contractor to develop the zero goal, the past performance of the offeror on  similar requirements, and the current procedures used by the offeror to maximize  opportunities for small business, veteran-owned small business, service-disabled  veteran-owned small business, HUBZone small business, small disadvantaged business and  women-owned small business concerns to participate in its subcontracting program. The  contracting officer shall consider the CAO s findings, including any recommendations,  prior to approval of the subcontracting plan. The contract file shall be documented to  reflect the review and the contracting officer's final decision relative to an  acceptable goal. If the contracting officer determines that a subcontracting plan  containing a zero goal is appropriate, the determination shall be approved at a level  above the contracting officer and placed in the contract file.

 

SUBPART 5219.8 CONTRACTING WITH THE SMALL  BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

 

5219.803 Selecting acquisitions for the  8(a) Program.

(2)(i) Contracting officers, in evaluating SBA  requests for 8(a) Program support, or independently considering other acquisition  requirements that may be accomplished by 8(a) firms, should coordinate such efforts with  the activity small business specialist and cognizant technical personnel.

(ii) Where possible, procurement activity should  be suspended pending final disposition of SBA requests. If the contracting officer  determines that urgent mission requirements preclude further consideration, declination  responses to SBA should factually explain such determinations.

 

5219.804 Evaluation, offering, and  acceptance.

 

5219.804-1 Agency evaluation.

(f) Agency reviews, in addition to the factors  in FAR 19.803(a), may take the form of a technical presentation or should be  structured in a manner that affords an exchange of information between the 8(a) firm  and the contracting activity that will provide the 8(a) firm an adequate opportunity  to demonstrate its capability and capacity to perform the requirement. For sole source  8(a) contracts, SBA regulations preclude the use of formal technical evaluations.  Contracting officers, however, may conduct informal assessments of several 8(a) firms'  capabilities to perform a specific requirement.

(S-90) When a lack of capability or capacity  forms the basis for declination responses to SBA, such responses shall discuss factors  such as the 8(a) contractor candidate's:

(1) lack of knowledge and understanding of the  work to be performed;

(2) lack of experience in performing  requirements of similar size and scope;

(3) lack of resources that are available  (including contingent hires) or that must be acquired for contract performance;

(4) lack of ability to comply with  subcontracting limitation provisions (see FAR clause 52.219 14);

(5) lack of ability to meet delivery  schedules; and/or

(6) deficiencies in record of performance.

Contracting activities shall provide a copy  of all 8(a) program declination letters to the Director, OSBP concurrent with  submission to SBA. Declination letters are subject to direct appeal by the SBA  Administrator to the Secretary of the Navy (see FAR 19.810). Contracting officers  should coordinate such declinations with the activity small business specialist or the  CCO.

 

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