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DFARS 219



Part 219—Small Business Programs

TABLE OF CONTENTS

(Revised May 26, 2015)

SUBPART 219.2--POLICIES

219.201 General policy.

219.202 Specific policies.

SUBPART 219.3--DETERMINATION OF SMALL BUSINESS STATUS

219.301-2 Rerepresentation by a contractor that represented itself as a small business concern

219.301-3 Rerepresentation by a contractor that represented itself as other than a small business concern

219.303 Determining North American Industry Classification System codes and size standards.

219.309 Solicitation provisions and contract clauses.

SUBPART 219.4--COOPERATION WITH THE SMALL BUSINESS

219.401 General.

SUBPART 219.5--SET-ASIDES FOR SMALL BUSINESS

219.502 Setting aside acquisitions.

219.502-1 Requirements for setting aside acquisitions.

219.502-2 Total set-asides.

219.505 Rejecting small business administration recommendations.

SUBPART 219.6--CERTIFICATES OF COMPETENCY AND

219.602 Procedures.

SUBPART 219.7--THE SMALL BUSINESS SUBCONTRACTING PROGRAM

219.702 Statutory requirements.

219.703 Eligibility requirements for participating in the program.

219.704 Subcontracting plan requirements.

219.705 Responsibilities of the contracting officer under the subcontracting

219.705-4 Reviewing the subcontracting plan.

219.706 Responsibilities of the cognizant administrative contracting officer.

219.708 Contract clauses.

SUBPART 219.8--CONTRACTING WITH THE SMALL BUSINESS

219.800 General.

219.803 Selecting acquisitions for the 8(a) Program.

219.804 Evaluation, offering, and acceptance.

219.804-1 Agency evaluation.

219.805 Competitive 8(a).

219.805-1 General.

219.805-2 Procedures.

219.806 Pricing the 8(a) contract.

219.808 Contract negotiations.

219.808-1 Sole source.

219.811 Preparing the contracts.

219.811-3 Contract clauses.

SUBPART 219.13—HISTORICALLY UNDERUTILIZED BUSINESS ZONE

219.1307 Price evaluation preference for HUBZone small business concerns.

SUBPART 219.71--PILOT MENTOR-PROTEGE PROGRAM

219.7100 Scope.

219.7101 Policy.

219.7102 General.

219.7103 Procedures.

219.7103-1 General.

219.7103-2 Contracting officer responsibilities.

219.7104 Developmental assistance costs eligible for reimbursement or credit.

219.7105 Reporting.

219.7106 Performance reviews.

SUBPART 219.0

(Removed October 14, 2014)

SUBPART 219.2--POLICIES

(Revised September 21, 2015)

219.201 General policy.

219.202 Specific policies.

219.202-1 Encouraging small business participation in acquisitions.

See PGI 205.207(d) for information on how to advertise a small business event on the Government point of entry.

SUBPART 219.3—DETERMINATION OF SMALL BUSINESS STATUS FOR

SMALL BUSINESS PROGRAMS

(Revised May 26, 2015)

219.301-2 Rerepresentation by a contractor that represented itself as a small business concern.

Follow the procedures at PGI 204.606(4)(vii) for reporting modifications for rerepresentation actions.

219.301-3 Rerepresentation by a contractor that represented itself as other than a small business concern.

Follow the procedures at PGI 204.606(4)(vii) for reporting modifications for rerepresentation actions.

219.303 Determining North American Industry Classification System codes and size standards.

Contracting officers shall follow the procedures for “Correctly Identifying Size Status of Contractors” in the OUSD(AT&L)DPAP memorandum dated July 21, 2010.

219.309 Solicitation provisions and contract clauses.

SUBPART 219.4--COOPERATION WITH THE SMALL BUSINESS ADMINISTRATION

219.401 General.

SUBPART 219.5--SET-ASIDES FOR SMALL BUSINESS

(Revised October 1, 2015)

219.502-1 Requirements for setting aside acquisitions.

Do not set aside acquisitions for—

219.502-2 Total set-asides.

219.505 Rejecting Small Business Administration recommendations.

SUBPART 219.6--CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF RESPONSIBILITY

(Revised April 26, 2007)

219.602 Procedures.

When making a nonresponsibility determination for a small business concern, follow the procedures at PGI 219.602.

SUBPART 219.7—THE SMALL BUSINESS SUBCONTRACTING PROGRAM

(Revised March 25, 2016)

219.702 Statutory requirements.

See DoD Class Deviation 2015-O0006, Temporary Extension of the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plan, issued December 24, 2014. This deviation is effective upon issuance. Contracting officers shall continue to follow the requirements of DFARS 219.702 with regard to implementation of the test program for negotiation of comprehensive small business subcontracting plans, with the exception that at 219.702(3), the expiration date of “December 31, 2014” is revised by this deviation to read “December 31, 2017”. This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.

219.703 Eligibility requirements for participating in the program.

219.704 Subcontracting plan requirements.

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

219.705-4 Reviewing the subcontracting plan.

219.706 Responsibilities of the cognizant administrative contracting officer.

219.708 Contract clauses.

(ii) When the contract will not be reported in FPDS (see FAR 4.606 (c)(5)), FAR clause 52.219-9, Small Business Subcontracting Plan with its Alternate III and 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), with its Alternate I.

See DoD Class Deviation 2013-O0014, Summary Subcontract Report Submissions, issued September 9, 2013. This class deviation shall be used in lieu of DFARS 252.219-7003. The purpose of the class deviation is to: (1) reduce the frequency for submission of the Summary Subcontract Report Submission (SSR) from biannual to annual; (2) eliminate the requirement for multiple SSR submissions for construction and related efforts under an Individual Subcontracting Plan; (3) change the entity to which the contractor submits the SSR from the DoD department or agency to DoD; and (4) eliminate the Year-End Supplementary Report for Small Disadvantaged Business and the report for Small Disadvantaged Participation. This deviation is effective until incorporated in the DFARS or rescinded.

SUBPART 219.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(A) PROGRAM)

(Revised March 25, 2016)

219.800 General.

219.803 Selecting acquisitions for the 8(a) Program.

When selecting acquisitions for the 8(a) Program, follow the procedures at PGI 219.803.

219.804 Evaluation, offering, and acceptance.

When processing requirements under the PA, follow the procedures at PGI 219.804.

219.804-1 Agency evaluation.

219.805 Competitive 8(a).

219.805-1 General.

219.805-2 Procedures.

When processing requirements under the PA, follow the procedures at PGI 219.805-2 for requesting eligibility determinations.

219.806 Pricing the 8(a) contract.

For requirements processed under the PA cited in 219.800

219.808 Contract negotiations.

219.808-1 Sole source.

For sole source requirements processed under the PA, follow the procedures at PGI 219.808-1.

219.811 Preparing the contracts.

When preparing awards under the PA, follow the procedures at PGI 219.811.

219.811-3 Contract clauses.

SUBPART 219.11

(Removed October 14, 2014)

SUBPART 219.12

(Removed October 14, 2014)

SUBPART 219.13—HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE) PROGRAM

(Added September 8, 2006)

219.1307 Price evaluation preference for HUBZone small business concerns.

SUBPART 219.70--RESERVED

(October 01, 1998)

SUBPART 219.71--PILOT MENTOR-PROTEGE PROGRAM

(Revised February 24, 2012)

219.7100 Scope.

This subpart implements the Pilot Mentor-Protege Program (hereafter referred to as the “Program”) established under Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Pub. L. 101-510; 10 U.S.C. 2302 note). The purpose of the Program is to provide incentives for DoD contractors to assist protege firms in enhancing their capabilities and to increase participation of such firms in Government and commercial contracts.

219.7101 Policy.

DoD policy and procedures for implementation of the Program are contained in Appendix I, Policy and Procedures for the DoD Pilot Mentor-Protege Program.

219.7102 General.

The Program includes—

219.7103 Procedures.

219.7103-1 General.

The procedures for application, acceptance, and participation in the Program are in Appendix I, Policy and Procedures for the DoD Pilot Mentor-Protege Program. The Director, SBP, of each military department or defense agency has the authority to approve contractors as mentor firms, approve mentor-protege agreements, and forward approved mentor-protege agreements to the contracting officer when funding is available.

219.7103-2 Contracting officer responsibilities.

Contracting officers must—

219.7104 Developmental assistance costs eligible for reimbursement or credit.

219.7105 Reporting.

Mentor and protege firms must report on the progress made under mentor-protege agreements as indicated in Appendix I, Section I-112.

219.7106 Performance reviews.

The Defense Contract Management Agency will conduct annual performance reviews of all mentor-protege agreements as indicated in Appendix I, Section I-113. The determinations made in these reviews should be a major factor in determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the Program participation term under the agreement.

SUBPART 219.72--(Removed)

(October 01, 1998)

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