This document provides information on SBA socioeconomic programs to help small businesses obtain federal contracts. It outlines certification programs including 8(a), HUBZone, and veteran-owned small businesses. It describes how to register your business, identify contract opportunities, and requirements for bidding, award, performance, and payment. Assistance resources are provided including the SBA, PTACs, and loan programs.
Slideshow for Detroit Regional Chamber's "Meet the Purchasers" workshop, in cooperation with Procurement Technical Assistance Centers (PTACs) of Michigan. November 19, 2009.
Great workshop to attend to determine if this is an avenue for small business owners who want to take advantage of federal government contracting. Learn about the 8A/HubZone/Woman Owned Small Business preference programs. Presentation given by Richard Zilg from the SBA Newark office. This statewide workshop series is organized by the NJ Small Business Development Centers Procurement Programs. The first workshop was held on 2/25/11. This program will be held around the state at NJSBDC centers hosted by various state and county colleges.
Demystifying the Hunt for Federal Contracts Workshop presented by NJSBDC Procurement Programs, hosted at Rutgers Business School, Newark, N.J. Presenter Albert Rumph,U.S. Army Corps of Engineers - NY District.
Slideshow for Detroit Regional Chamber's "Meet the Purchasers" workshop, in cooperation with Procurement Technical Assistance Centers (PTACs) of Michigan. November 19, 2009.
Great workshop to attend to determine if this is an avenue for small business owners who want to take advantage of federal government contracting. Learn about the 8A/HubZone/Woman Owned Small Business preference programs. Presentation given by Richard Zilg from the SBA Newark office. This statewide workshop series is organized by the NJ Small Business Development Centers Procurement Programs. The first workshop was held on 2/25/11. This program will be held around the state at NJSBDC centers hosted by various state and county colleges.
Demystifying the Hunt for Federal Contracts Workshop presented by NJSBDC Procurement Programs, hosted at Rutgers Business School, Newark, N.J. Presenter Albert Rumph,U.S. Army Corps of Engineers - NY District.
Jennifer Schaus & Associates presents this session on US Federal Government Contracting.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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Small Business Programs in Federal Procurement
1. SBA’s Socioeconomic
Programs
Daniel Lucero
North Carolina District Office
6302 Fairview Road, Suite 300
Charlotte NC 28210
704-344-6396; daniel.lucero@sba.gov
www.sba.gov/nc
10-08
2. First Thing To Do
Are you small?
Know your NAICS Codes –
www.sba.gov/size
Obtain a free Data
Universal Number System
(DUNS) Number
www.dnb.com/us
3. Register Your Business
Register with government
- www.business.gov/expand/government-contracting/
Central Contractor Registration (CCR)
- www.ccr.gov
Review in Dynamic Small Business Search
http://dsbs.sba.gov/dsbs
Online Representations and Certifications
Application (ORCA)
https://orca.bpn.gov/
4. Federal Contract Certifications
Self-Certifications
Small Business – NAICS Codes
Small Disadvantage Business
Woman-owned Small Business
Veteran-owned Business
Service Disabled Veteran-owned
Business (DD-214)
Formal Certification Programs
8(a) Business Development
HUBZone
5. Formal Certifications
8(a) - Socially and economically disadvantaged
firms enrolled in a 9-year business development
program.
HUBZone - Small businesses located in areas
identified as historically underutilized business
zones, and with 35% of its employees living in
HUBZones.
6. 8(a) Program
Applies to all purchases
Must be certified by the SBA
Non-competitive (sole source) and
competitive program
9-year term - no renewals
All 8(a) firms are SDBs
Award must be made at fair market price
13cfr124; FAR 19.8
New rules: F/R 11 Feb. 2011
7. HUBZone Program
• Applies to purchases over $3,000;
Must be certified by SBA - no term limits;
Recertification required every 3 years;
Sole-source and Competitive program benefits;
10% price evaluation preference
Principal office must be in a HUBZone
35% of employees must live in a HUBZone
FAR 19.13; 13cfr126
Are you in a HubZone?
www.sba.gov/hubzone
9. Veteran’s Program
Service Disabled Veteran
Owned Small Business
Applies to purchases over $3,000
Self Certified on CCR (use DD-214)
VA determines Service Disability
No term limits
Sole-source and competitive program benefits
Subcontracting and Prime Contracting goals
FAR 19.14; 13cfr125.9-29
www.sba.gov
10. Know the Rules
Federal Acquisition Regulations (FAR)
https://www.acquisition.gov/far/
Subpart 8.4 – Federal Supply Schedules
Part 13 – Simplified Acquisitions
Part 14 – Sealed Bidding
Part 15 – Contracting by Negotiation
Part 19 – Small Business Programs
SBA SOP 60 02 7 Prime Contracting
SBA SOP 60 03 6 Subcontracting
Regulations.gov
11. Prime Contract Opportunities
Research Past Purchases
‒ GSA Federal Procurement Data Center
www.FPDS.gov; www.usaspending.gov
Identify Current Procurement Opportunities
‒ Federal Business Opportunities (FBO)
www.fbo.gov; www.neco.navy.mil
Resource: Prime Contracting 13cfr125.2
13. Joint Ventures & Teams
JV- An agreement between one or more
business concerns to establish a new legal
entity solely for the purpose of performing a
specific 8(a) contract. The contract is then
awarded to the Joint Venture entity rather than
to one or more of the participants.
Teaming: formal partnership
“DoD Guide to Facilitate Small Business
Teaming Arrangements”
SBA Inst. 8000-596 (Joint Ventures)
14. Joint Ventures & Teams
Joint Venture
‒ Excluded from affiliation
– 13 CFR 121.103(h)(3)
‒ “bundled” /”unbundled” requirements
‒ Limited to 3 awards over 2 yr period
‒ 13cfr121.103
15. Mentor-Protégé Program
• Purpose: enhance capabilities of SB and improve
its ability to successfully compete for federal
government contracts.
• Mentor: to provide Protégé:
– Technical and management assistance
– Financial assistance, including equity
investments and/or loans
– Subcontracting support
– Assistance in performing prime contracts
through joint venture arrangements.
SBA Mentor/Protégé Application Form
16. Market Your Firm
Present Capability Statement to SBS of
federal activities and large prime contractors
See “A Guide to Collection & Use of Past
Performance Information”
ID Small Business Specialist: Google: small
business specials; (federal dept.)
Attend procurement conferences and
business expos
Attend Business Matchmaking events
18. Prepare Your Offer
3 Rules for a solicitation:
-Read it…Read it…Read it!!!
Request a Procurement History
Attend Pre-Bid Meetings
& Walk-Throughs
Get clarification of ambiguities
Proofread your proposal
Submit it on time!
19. Contract Award
Are you Responsive?
Are you Responsible?
‒ Pre-Award Survey: Technical capability
& production capability
‒ Quality Assurance (QA)
‒ Financial: accounts receivable, net worth,
cash flow
‒ Accounting System
‒ System for Qualifying Suppliers
‒ Packaging, Marking, Shipping
20. Contract Performance
Adequate financing (SBA loans)
Working capital; bonding
Contingency Plans
Anticipating Final Inspection
On-Time delivery
Establish a good track record
Contract clauses; FAR 52
CPARS
21. Getting Paid
Know the paperwork process
Keep good records
Know your options
‒ Progress payments
‒ Prompt Payment Act
‒ FAR 32 & 42
EFT (electronic funds transfer)
Wide Area WorkFlow
Accept government credit cards
22. Seek Additional Assistance
Procurement Technical Assistance Center
(PTACs): www.dla.mil/db/procurem.htm
Small Business Specialists:
www.acq.osd.mil/sadbu
NC SBA District Office
www.sba.gov/nc
Small Business and Technology Development
Centers: www.sbtdc.org
SCORE: www.score.org
Women’s Business Development Centers :
http://www.onlinewbc.gov/
23. Seek Additional Assistance
North Carolina PTACs
www.sbtdc.org/services/gov_procurement.asp
919-715-7272 or 800-258-0862
North Carolina Military Business Center
www.ncmbc.us
www.matchforce.org
(877) 245-5520
24. SBA Assistance Programs
Federal Agency Contract Goal Program:
www.sba.gov/goaling
Procurement Marketing (FBO & SUB-Net):
www.sba.gov/contracting
Certificate of Competency Program (COC)
www.sba.gov/ search: coc
Size Program – NAICS Information
www.sba.gov/size
SBA Small Business Training:
www.sba.gov
25. Helpful Web Sites
DOD Small & Disadvantaged Business
Utilization Office
www.acq.osd.mil/sadbu
Procurement and Technical Assistance
Centers
www.sellingtothegovernment.net
26. Surety Bond Program
Guaranty bid, performance and payment bonds for
contracts up to $2.0 million for eligible small
contractors.
American Recovery Act = $5.0 million
SBA guarantees surety companies against a
percentage of losses sustained as a result of a
contractor's default on a guarantied bid, payment or
performance bond.
Resource: www.sba.gov/osg
27. SBA LOAN PROGRAMS
7a - 504 Loan
SBAExpress - Export Financing
Patriot Express - Disaster Loans
CAPLines - Small Business
Microloan Investment Co. (SBICs)
CommunityExpress
Resource: NC Small Business Resource Guide
pg 20; www.sba.gov/nc;
www.sba.gov/finance
29. Thank you!!
Questions??
Daniel Lucero
North Carolina District Office
6302 Fairview Road, Suite 300
Charlotte NC 28210
704-344-6396
Daniel.lucero@sba.gov