Previous PageTable Of ContentsSOFARSNext Page

SOFARS PART 5619SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS



SOFARS PART 5619
SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

SUBPART 5619.2 - POLICIES

5619.201 General Policy.

(c)

HQ, USSOCOM will establish small, small disadvantage, woman-owned, and HUBZone business utilization goals at the beginning of each fiscal year. When developing the goals, consideration will be given to historical achievement levels, mission changes, and statutory requirements. Each contracting office will be assigned their own small and disadvantaged utilization goals by HQ Small and Disadvantaged Business Utilization (SADBU) Director.

(d)

The HQ SADBU Director is appointed by the Acquisition Executive and reports to the SPE as delegated by the Commander in Chief. The duties and responsibilities of the HQ SADBU Director are delegated to the Director of Procurement.

(9)(B)

(i) The Small Business Coordination Record (DD form 2579) shall be completed by the contracting specialist and reviewed by the SADBU specialist on all acquisitions over $10,000.

(ii) Small business coordination shall be obtained prior to synopsizing a requirement whenever possible. If the synopsis is issued prior to DD form 2579 coordination, annotate the rationale for the late submission on the DD form 2579 in the contract file.

(iii) The Statement of Work (SOW) shall be provided when submitting the DD form 2579 for signature. A copy of the SOW Summary may be submitted in lieu of the complete SOW when an the summary is part of the solicitation requirement. A copy of the justification and approval to limit competition and acquisition plan shall also be provided when applicable.

(iv) The SADBU specialist's non-concurrence of the Contracting Officer's recommendation shall be handled promptly in accordance with FAR 19.505.

(v) Each SADBU specialist will maintain a file of the DD form 2579s with notations of the actions taken to foster small, disadvantage, woman-owned, HBCU and HUBZone business utilization.

(e)

Contracting office SADBU specialists will be appointed by the respective commanders and report directly to their commander on small business matters in accordance with DODD 4205.1, DOD Small and Small Disadvantaged Business Utilization program. A copy of all SADBU specialist appointments shall be submitted to the HQ SADBU Director within 30 days of appointment.

5619.201-90 Establishing and Reporting Goals.

HQ, SADBU Director shall be the focal point for the command's small business program.

(a) Contracting office SADBU specialists shall be asked to submit proposed goals for the upcoming fiscal year to the HQ SADBU Director annually during the third quarter of the fiscal year. The proposed goals will be consolidated and submitted to Office of Secretary of Defense (OSD) SADBU for consideration. Once OSD/SADBU issues the final command goals, the goals will be apportioned by the HQ SADBU Director and assigned to each contracting office.

(b) At the completion of the fiscal year, all contracting offices shall report their goal achievements. The report is due to the HQ SADBU Director annually no later than October 31. When a goal has not been achieved, explain the reasons for the shortfall and what initiatives are underway to improve future performance. Offices should also share techniques and methods that lead to goal achievements.

(c) Copies of all abstracts (SF 1409) for actions greater than the simplified acquisition threshold shall be provided to the SADBU specialist and kept in a central file. For negotiated actions, a copy of the bidders mailing list indicating firms that submitted proposals and the size of all firms shall also be maintained in a central file at each location.

5619.202 Specific Policies.

5619.202-2 Locating Small Business Sources.

To increase utilization of small disadvantaged businesses (SDB) and small woman-owned businesses (WOB), contracting officers will attempt to include at least one SDB and WOB source on the bidders list of all solicitations above the simplified acquisition threshold. SADBU specialists will assist contracting officers by providing sources when requested.

SUBPART 5619.5 - SET-ASIDES FOR SMALL BUSINESS

5619.502 Setting Aside Acquisitions.

5619.502-1 Requirements for Setting Aside Acquisitions.

SADBU specialists and contracting officers shall work together to effectively carry out the requirements of the Small Business Act and command policies and goals. When the SADBU specialist and the Contracting Officer do not agree on the proposed course of action for a particular solicitation, except in the case of SOAL-KB, where the DOP shall make the final determination, the Chief, Contracting Office, shall make the final set-aside decision.

5619-505 Rejecting Small Business Administration Recommendations.

Copies of all documentation relating to a contracting office's rejection of a SBA set-aside recommendation and any subsequent appeals shall be submitted to the HQ SADBU Director.

SUBPART 5619.6 - CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF ELIGIBILITY

5619.602 Procedures.

5619.602-1 Referral.

Prior to referral of an action to the Regional SBA Office for Certificate of Competency (COC) consideration, the Contacting Officer's Determination of Non-Responsibility must be reviewed and approved by the Chief, Contracting Office.

5619.602-3 Resolving Differences between the Agency and the Small Business Administration.

(a)(1)

If the Contracting Officer elects to formally appeal to HQ SBA, the case shall be prepared as expeditiously as possible and then processed through the HQ SADBU Director prior to submission to the SPE for approval. All submissions must be made in sufficient time to comply with established FAR and DFARS appeal time limitations.

SUBPART 5619.7 - THE SMALL BUSINESS SUBCONTRACTING PROGRAM

5619.704 Subcontracting Plan Requirements.

(a) Separate percentage goals must be realistic, justifiable and positive (e.g., greater than zero).

(b) Contractors must describe how their efforts and actions will accomplish the subcontracting plan goals.

5619.705 Responsibility of the Contracting Officer Under the Subcontracting Assistance Program.

5619.705-2 Determining the Need for a Subcontracting Plan.

(d)

Subcontracting plans shall be required as part of the initial proposals in all negotiated actions whenever subcontracting possibilities exist.

5619.705-4 Reviewing the Subcontracting Plan.

The contracting officer shall challenge any subcontracting plan that does not contain positive goals and/or fails to verify no subcontracting opportunities exist for small, small-disadvantaged, woman-owned, and HUBZone business, and historically black college and university utilization. Assistance in evaluating plans will be provided by the SADBU specialist and may be requested from the servicing DCMC office.

(a) Plans with SDB goals of less than 5 % must be approved at two levels above the Contracting Officer.

(b) A minimum target goal for women-owned business of 5% is now part of the Small Business Act. Challenge all subcontracting plans submitted with a women-owned small business goal less than 5%.

(c) Historically black college and university (HBCU) utilization goals must be greater than 0%. Challenge all subcontracting plans submitted without a HBCU goal.

(d) HUBZone target goals as part of the Small Business Act are as follows. Challenge all subcontracting plans submitted without goals less than:

(1) FY2001 - 2.0%
(2) FY2002 - 2.5%
(3) FY2003 and thereafter - 3%

5619.705-5 Awards Involving Subcontracting Plans.

The Contracting Officer shall take into consideration the effectiveness of the contractor's current subcontracting process and the contractor's performance in meeting past proposed goals, especially when past performance is an evaluation factor. Whenever an undefinitized action is delegated to DCMC and requires a subcontracting plan, request in the formal transmittal letter that two copies of the finalized subcontracting plan are sent to the contracting office. Keep a copy in the official contract file and forward the other to the office SADBU specialist.

5619.705-6 Post Award Responsibilities of the Contracting Officer.

In situations where a contractor has submitted an individual subcontracting plan and the Primary Contracting Officer has retained administration, forward copies of SF 294 and SF 295 to the contractor at time of award.

HQ, United States Special Operations Command January 2001
Special Operations Acquisition and Logistics Center (SOAL-K)

SOFARS 5619

Previous PageTop Of PageTable Of ContentsSOFARSNext Page