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DARS PART 19 — SMALL BUSINESS PROGRAMS



PART 19 — SMALL BUSINESS PROGRAMS

TABLE OF CONTENTS

SUBPART 19.2 -- POLICIES

19.201 General policy.

219.201 General Policy.

19.202 Specific Policies.

19.202-1 Encouraging small business participation in acquisitions.

19.203 Relationship Among Small Business Programs.

SUBPART 19.3 – DETERMINATION OF SMALL BUSINESS STATUS FOR SMALL BUSINESS PROGRAMS

19.302 Protesting a small business representation or rerepresentation.

SUBPART 19.5 -- SET -ASIDES FOR SMALL BUSINESS

19.501 General.

19.502-2 Total Small Business Set-Asides.

SUBPART 19.7 — THE SMALL BUSINESS SUBCONTRACTING PROGRAM

19.705-2 Determining the Need for a Subcontracting Plan

19.705-4 Reviewing the Subcontracting Plan

19.705-6 Postaward Responsibilities of the Contracting Officer

SUBPART 19.8 – CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

19.800 General.

19.804-2 Agency Offering.

19.804-3 SBA Acceptance.

19.805-1 General.

19.808 Contract negotiation.

19.808-1 Sole source.

PART 19 — SMALL BUSINESS PROGRAMS

SUBPART 19.2 -- POLICIES

19.201 General policy.

(S-90) The Defense Information Systems Agency’s (DISA) small business program’s policy is to utilize small businesses to the maximum extent practical and to provide opportunities for small businesses to participate both as prime contractors and as subcontractors within DISA’s acquisition and contracting process.

219.201 General Policy.

(S-90) The disa.meade.osbp.mbx.ditco-small-business-office@mail.mil

email address shall be used by DISA personnel to communicate with the DISA Office of Small Business Programs.

(c)(10) The Office of Small Business Programs is required to:

(i) Review and make recommendations on the Small Business Coordination Record, DD Form 2579;

(ii) Conduct the review of the DD Form 2579 prior to any public announcement or release of information regarding the acquisition strategy, including issuance of the solicitation or contract modification, specific communications with contractors or submitting an offering letter to the SBA (8a) Business Development Program);

(iii) Review all acquisition plans/acquisition strategies;

(iv) Assist in market research efforts and provide small business sources;

(v) Review all Sources Sought and Request for Information (RFI) announcements over $5 million prior to posting to ensure potential sources are not requested to submit more than the minimum information necessary.

19.202 Specific Policies

(S-90) Contracting officers shall comply with the following:

(1) Complete and submit a DD Form 2579 for all acquisitions over $10,000 (See 19.202(S-92) for exceptions);

(2) Office of Small Business Programs and SBA PCR (when applicable) approval on the DD Form 2579/AP should be obtained prior to making a public release, including communication with the SBA, indicating the government’s decision on the method of acquisition, e.g., Full and Open, Small Business Set-Aside, 8(a) Program or Sole Source;

(3) Set-asides to Small Business, HUBZone Small Business, Service-Disabled Veteran-Owned Small Business, 8(a) Program participants and Women-Owned/Economically Disadvantaged Women-Owned Small Business shall be considered first when placing orders against a Federal Supply Schedule (FSS) to facilitate meeting the Department of Defense (DoD) Small Business goals;

(4) Where practicable, divide quantities of supplies or services into small lots to permit offers on quantities less than the total requirement to encourage small business participation;

(5) Establish realistic delivery schedules, start dates and transition periods that will encourage small business participation;

(6) Require small business prime contractors to subcontract with small business through small business participation plans for contracts valued over $10 million;

(7) Ensure that the requiring activity demonstrates and documents its market research (FAR Part 10, DFARS Part 210, and DARS Part 10) of small businesses for every acquisition. If a small business set-aside is not recommended, documentation as to why small business should not be considered shall be substantiated in the Market Research Report (MRR). (Reference DARS Part 10 (S-91)).

(S-91) DD Form 2579

(1) All submissions of the DD Form 2579 require the following documentation:

(i) MRR applicable to the requirement. The MRR’s are located at

https://www.ditco.disa.mil/DITCOContractingTemplates;

(ii) Due to the SBA OSBP MOA, a signed Justification for Other Than Full and Open Competition – Justification and Approval (J&A) shall be submitted for requirements over $5 million, if applicable. Requirements under $5 million may be submitted with a draft J&A;

(iii) D&F for consolidation or bundling, if applicable;

(iv) Acquisition Plan/Acquisition Strategy, if applicable.

(2) The Office of Small Business Programs may require additional documentation outlined below:

(i) Performance Work Statement (PWS), Statement of Objectives (SOO), Statement of Work (SOW), or other work descriptions;

(ii) Sources Sought/RFI responses, and analysis documentation;

(iii) Independent Government Cost Estimate documentation.

(3) Place approved DD Form 2579, signed MRR, and sources sought documentation into the contract file. If the acquisition is canceled or work on the acquisition is suspended for 12 months or more, the DD Form 2579 and accompanying MRR is no longer valid and must be updated.

(4) Review and Approval Period:

(i) The Office of Small Business Programs has five (5) business days from submission of a fully complete and correct DD Form 2579 to render a final decision.

(ii) Urgent requirements and requests for expedited approval of the DD Form 2579 shall be submitted directly to the Director, Office of Small Business Programs email account via a Branch Chief. Insert “Expedite” in the subject line of the email and provide an explanation of the urgency in the body of the email.

(iii) In accordance with the DISA and SBA Plans of Operations, all requirements over $5 million NOT set aside for small business shall be forwarded by the Office of Small Business Programs to the SBA PCR for review. The Office of Small Business Programs has five (5) business days from submission of a complete, correct DD Form 2579 to review and forward the DD Form 2579 to the appropriate SBA PCR. The SBA PCR has five (5) business days for DITCO Scott-Area 4 (Midwest) and DITCO PAC-Area VI (Hawaii), and seven (7) business days for DITCO NCR-Area 2 (East Coast), to review the DD Form 2579 and accompanying documentation and render a final decision. Allow for a total of twelve business days for a final decision.

(iv) Additionally, ALL requirements in DITCO Scott-Area 4 for Women-Owned Small Business/Economically-Disadvantaged Women Owned Small Business set-asides shall be forwarded by the Office of Small Business Programs to the DITCO Scott-Area 4 SBA PCR for review. The approved list of Women-Owned Small Business/Economically-Disadvantaged Women Owned Small Business set-aside North American Industry Classification System (NAICS) codes can be found at http://www.sba.gov/sites/default/files/files/2012_WOSB_EDWOSB_NAICS_Codes.pdf.

(v) The Office of Small Business Programs has five (5) business days from date of submission to provide comments or concurrence on Sources Sought or RFI announcements.

(S-92) DD Form 2579 Exceptions:

(1) The following actions may be taken without an Office of Small Business Programs-approved and/or signed DD Form 2579:

(a) Publishing synopses, Sources Sought, RFI’s and white papers for conducting market research, provided the posting does not indicate the government’s decision regarding method of acquisition;

(b) Funding modifications or modifications that do not increase the scope of the contract (including exercising a contract option, which is within the scope of the existing contract provided the basic contract has an approved DD Form 2579);

(c) Solicitations and contracts when contract performance is outside of the United States or its outlying areas; or

(d) Solicitations and contracts under the Small Business Innovation Research (SBIR) Program since the SBIR is limited to qualified small business concerns.

(2) The following actions may be taken without an Office of Small Business Programs approved and/or signed DD Form 2579 providing the contracting officer completes/signs a new DD Form 2579 for the contract file with the following justifying statement in Block 14:

“Orders placed against a DISA-awarded single award ID/IQ contract shall not require a signed DD Form 2579 by the Office of Small Business Programs based on the approval of the DD Form 2579 for the overarching contract with the Control Number #____________.”; or

“ Orders placed against a DISA-awarded BPA/BOA shall not require a signed DD Form 2579 by the Office of Small Business Programs based on the approval of the DD Form 2579 for the overarching vehicle with the Control Number #__________.”; or

“IAW DFARS 219.201(c)(10)(A), actions under the simplified acquisition threshold that are totally set aside for small business do not require a signed DD Form 2579 by the Office of Small Business Programs (set-asides for a socioeconomic category shall be considered prior to using a total small business set-aside).”; or

(d) Orders placed against the DoD ESI BPA’s:

“Purchase of commercial software and related services, such as software maintenance, in accordance with the DoD ESI shall not require a signed DD Form 2579 by the Office of Small Business Programs based on the mandatory source requirements at DFARS 208.7402.”; or

(e) Orders placed against a mandatory-use JELA:

“Purchase of requirements against a JELA shall not require a signed DD Form 2579 by the Office of Small Business Programs based on PLD mandatory use policy.”; or

(f) Orders placed for urgent WHCA temporary service:

“Orders for urgent WHCA temporary communications for “switched voice services” that can only be provided by the Local Exchange Carrier do not require a signed DD Form 2579 by the Office of Small Business Programs due to the urgent nature of the requirement.”

(S-93) Procedures

Submit to: disa.meade.osbp.mbx.ditco-small-business-office@mail.mil

Submit to: disa.meade.osbp.mbx.ditco-small-business-office@mail.mil

Submit to:

disa.meade.osbp.mbx.ditco-small-business-office@mail.mil

19.202-1 Encouraging small business participation in acquisitions.

(S-90) Engage the Office of Small Business Programs within 60 days of notification of potential requirements valued over $5 million, particularly for all consolidated/bundled or full and open competitions.

19.203 Relationship among small business programs.

(d)(2) The Office of Small Business Programs will recommend targeted contract actions for socioeconomic groups in support of DISA’s small business program goals.

SUBPART 19.3 – DETERMINATION OF SMALL BUSINESS STATUS FOR SMALL BUSINESS PROGRAMS

19.302 Protesting a small business representation or rerepresentation.

(c) The contracting officer shall forward hard copies of the protest and the referral letter to the cognizant SBA Government Contracting Area Office.

SUBPART 19.5 -- SET -ASIDES FOR SMALL BUSINESS

19.501 General

(c) If Full and Open competition is recommended, the contracting officer shall perform market research and document why a small business set-aside is inappropriate, and sign the MRR.

19.502-2 Total Small Business Set-Asides

(b) When determining a “reasonable expectation”, a lack of responses to a Sources Sought announcement and/or RFI is not adequate justification to rule out a small business set-aside. Additional resources must be researched prior to making that determination.

SUBPART 19.7 — THE SMALL BUSINESS SUBCONTRACTING PROGRAM

19.705-2 Determining the Need for a Subcontracting Plan

(c) The Office of Small Business Programs shall review and coordinate in writing on any determination made by the contracting officer that no subcontracting possibilities exist. A Determination and Findings (D&F) shall be prepared in accordance with the format entitled “Non-inclusion of SB Subcontracting Plan” located at: https://www.ditco.disa.mil/DITCOContractingTemplates/docs/d_f_-_non_inclusion_of_sb_subcontracting_plan_-_dars_19_705-2.doc”. The determination must be approved at a level above the contracting officer and placed in the contract file.

The contracting officer, prior to release of a solicitation, will submit the small business subcontracting goals to the Office of Small Business Programs for coordination.

19.705-4 Reviewing the Subcontracting Plan

(d)(7) The contracting officer must obtain the written coordination of the Office of Small Business Programs and the SBA PCR, as applicable, prior to contractually incorporating a subcontracting plan.

(S-90) Procedures for Submission of a Subcontracting Plan for Review:

19.705-6 Postaward Responsibilities of the Contracting Officer

(a) Email a signed copy of the subcontracting plan to: disa.meade.osbp.mbx.ditco-small-business-office@mail.mil, the relevant Area SBA PCR and the SBA Area Office where the contract will be performed.

(h) Monitor goal achievements in the Electronic Subcontracting Reporting System (eSRS) and review, accept and/or reject individual subcontract reports (ISR) and summary subcontract reports (SSR) within 60 days after report ending date in accordance with FAR 19.705-6.

SUBPART 19.8 – CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

19.800 General

(f) DoD/SBA Partnership Agreement is located at: http://www.sba.gov/sites/default/files/files/Department%20of%20Defense.pdf.

19.804-2 Agency Offering

(a) Sample offering letter is located on the Office of Small Business Programs’ SharePoint page under “Shared Documents”: https://east.esps.disa.mil/DISA/ORG/OSBP/Shared%20Documents/Forms/AllItems.aspx

(S-90) IAW 13 CFR Part 124.504(d), contracting officers can request release from the 8(a) program under limited circumstances. Sample 8(a) release letter is located on the Office of Small Business Programs’ SharePoint page under “Shared Documents”: https://east.esps.disa.mil/DISA/ORG/OSBP/Shared%20Documents/Forms/AllItems.aspx

19.804-3 SBA Acceptance

(b) When selecting an 8(a) firm for a sole source award, the contracting officer shall first attempt to locate a firm with multiple socioeconomic categories prior to selecting a firm who qualifies under 8(a) only.

19.805-1 General

(S-90) When a requirement value falls between $4 million and $20 million, the contracting officer shall first attempt to garner competition between 8(a) small business concerns prior to offering the requirement to the SBA as a sole source effort.

19.808 Contract negotiation.

19.808-1 Sole source.

(S-90) Refer to https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=j_a_templates

for J&A template for sole source 8(a) awards over $20M.

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