Center for Workforce & Community
            Education
   Government Contracting
         Seminar
        Kris Parker & Pat Canciglia
              (540) 653-4806
              (540) 653-7958                 Distribution Statement A:
                                           Approved for Public Release;
             Approved for Public Release     Distribution is Unlimited
                                                                  1
                   09 June 2011
Agenda

•Introduction
•Small Business Defined
•Small Business Programs & Associated
 Changes
•Jobs Act/Accelerated Payments
•Better Buying Power
•Efforts at Dahlgren
•Questions
             Approved for Public Release   2
Brief SB Program History

• Began as a response to WWII needs
• Small Business Mobilization Act of 1942 – Response by
  Congress to help small plants compete with larger ones.
   – Act authorized a price premium to be paid in contracting with
     small firms
   – Applicable only during wartime
• Armed Services Production Act of 1947 – provided that “…a
  fair proportion of total Federal purchases and contracts be
  placed with Small Business concerns…”
   – Act extended provisions of the SB Mobilization act to peacetime
• Defense Production Act of 1950 – provided that awards could
  be made to small businesses at other than the lowest
  possible price
• Small Business Act of 1953 – Created the Small Business
  Administration (SBA) as and independent agency of the
  Executive Branch
   – The Government should aid, counsel, assist, and protect, insofar
     as possible, the interests of small business concerns to…ensure
     that a fair proportion of the total purchases be place with small
     business             Approved for Public Release              3
What is a Small Business?

• A concern that:
   – Is FOR Profit
   – Is independently owned and operated
   – Is not dominant in the field of operation in which it is bidding on
     Government Contracts
   – Can qualify under the size standards
• Size Standards:
   – Established by U.S. Small Business Administration (SBA) on an industry-
     by-industry basis using North American Industry Classification System
     (NAICS) codes
   – Size standards are based on:
       • For manufacturing, number of employees
       • For services and construction, average annual receipts for three
         preceding accounting years
       • Example: NAICS 541330, Engineering Services, size standard is $27
         million
• Federal Small Business concerns differ from
  state/local
                             Approved for Public Release                   4
Small Business Preference

• Federal Acquisition Regulations
  Provide:
  – Set Asides
  – Sole Source/Direct Award (for certain
    concerns)
  – Mandatory % of $ to Small Business
  – Subcontracting requirements
  – Most provisions detailed in FAR 19


                Approved for Public Release   5
Small Business Programs

          Conventional Small Business
      Small                                           Woman-Owned
  Disadvantaged                                       Small Business
     Business                                             (WOSB)
        (SDB)
                                                      Veteran-Owned
    Section 8(a)                                      Small Business
                                                           (VOSB)

Minority Institutions
                                               Service-Disabled VOSB
                                                          (SDVOSB)


                          HUBZone




                        Approved for Public Release                    6
SDB


• Small Disadvantaged Business (SDB)
  – Small Business 51% owned and operated by socially and
    economically disadvantaged individuals
  – 8(a) Business Development Program is a Subset of SBD
  – As of 01 October 2008, Standard SDB criteria is a Self-
    Certifying criteria




                     Approved for Public Release         7
The 8(a) Program

• Section 8(a) of the Small Business Act established a Business
  Development Program for SDBs
   – An 8(a) SDB can be in the program for up to 9 years
      • Exception: Native Alaskan and American Indian firms never
        graduate
• 8(a) provisions allow for set-aside and sole source efforts
• 8(a) firms can receive direct, sole-source awards up to
  following thresholds;
   – Manufacturing: $6.5 million (Increased from $5.5 million)
   – Services: $4.0 million (Increased from $3.5 million)
   – 8(a) competition normally used above these levels
       • Exception: Native Alaskan/American Indian firms – no ceiling
• SBA is legally the prime contractor for 8(a) contracts; however, DoD
  activities execute contracts for the SBA under special partnership
  agreements
                          Approved for Public Release             8
The 8(a) Program

• DoD/Navy Policy: once 8(a), always 8(a)
  – Assuming no material change to a requirement, a
    graduated firm may no longer be able to compete for the
    work it performed
• 8(a) Status requires SBA Certification
• IMPORTANT TO NOTE
  – 8(a) Status must be valid at time of Contract Award for
    Sole Source Efforts
  – 8(a) Status must be valid at time of Proposal Submission
    for 8(a) Competitive Set-Asides
  – 13 CFR § 124



                     Approved for Public Release          9
The 8(a) Program

• Recent Regulatory Updates enacted
  by the SBA effective 14 March 2011
• Changes include:
  – Clarification on factors determining
    economic disadvantage
  – Increased reporting requirements for
    Tribally-owned firms
  – New Ownership and Control
    Requirements
  – Suspension for call-ups to active duty
                Approved for Public Release   10
WOSB/EDWOSB

• Women-Owned Small Business
 – Small Business Reauthorization Act of 2000 set stage for
   WOSB Set-Asides
 – Criteria Divided in two categories:
    • Woman Owned Small Business (WOSB)
    • Economically Disadvantaged Woman Owned Small Business
      (EDWOSB)
 – WOSB & EDWOSB Small Business concerns must be 51%
   owned and operated by one or more women
 – Current regulations effective 04 February 2011
 – New FAR Clause 19.15 recently included to provide
   guidance
 – NO SOLE SOURCE Provisions

                     Approved for Public Release        11
WOSB/EDWOSB

• Women-Owned Small Business
 – Current Proposal Allows for WOSB Set-Asides as of 04
   February 2011
    • Manufacturing: $6.5 million
    • All Others: $4.0 million
 – Set-Asides Eligible ONLY for 83 Designated NAICS Codes
    • 45 Determined to be Underrepresented
    • 38 Determined to be Substantially Underrepresented
 – WOSB is a Self-Certifying Criteria




                     Approved for Public Release           12
VOSB/SDVOSB

• Veteran-Owned Small Business
  – Small Business 51% owned and operated by one or more
    veterans
  – Veterans Administration is the only Federal Agency with
    VOSB Set-Aside authority

• Service-disabled VOSB (SDVOSB)
  – SDVOSB provisions allow for set-aside and sole source
    efforts
  – Subset of VOSB can receive direct (sole-source) awards
    up to following thresholds;
     • Manufacturing: $6.0 million (Increased from $5.5 million)
     • Services: $3.5 million (Increased from $3.0 million)


                       Approved for Public Release           13
VOSB/SDVOSB

• For SDVOSB sole source efforts:
  – Contracting Officer must determine that there is
    only one qualified SDVOSB available
• The effort must not be currently performed
  by an 8(a) Small Business
• Both VOSB & SDVOSB are Self-Certifying
  concerns




                  Approved for Public Release    14
HUBZone

• HUBZone Small Business
• HUBZone provisions allow for set-aside and sole source
  efforts
• HUBZone firms can receive direct, sole-source awards up to
  following thresholds;
   – Manufacturing: $6.5 million (Increased from $5.5 million)
   – Services: $4.0 million (Increased from $3.5 million)
   – Purchases must be >$150k for sole source provisions to be
     exercised
• For HUBZone sole source efforts:
   – Contracting Officer must determine that there is only one
     qualified HUBZone available
• The effort must not be currently performed by an 8(a) Small
  Business
• HUBZone Status requires SBA Certification
                         Approved for Public Release             15
HUBZone

• IMPORTANT TO NOTE
  – HUBZone Status must be valid at time of Proposal
    Submission and Contract Award
  – HUBZone Mapping to be updated later this year




                     Approved for Public Release       16
Small Business Jobs Act

• Public Law 111-240, singed into effort 27
  September 2010
• Officially restored “Parity”
  – Removed “Shall” from HUBZone verbiage and
    replaced it with “May”
• Established Government-wide policy on
  Bundling
• Calls for annual Size Standard Certification
• Significant federal financial investments and
  tax incentives for Small Business
                  Approved for Public Release   17
Accelerated Payment

• Interim Rule effective 27 April 2011
• Modifies DFAR & Associated Payment
  Systems to make Accelerated Payment to
  ALL Small Business
• Removes the term “Disadvantaged” from
  the DFAR Verbiage
• Current FPDS data reflects approx. 60,000
  active Small Business contracts
• Targeted payment date of 7-10 days

                Approved for Public Release   18
Set-Aside Considerations


• All procurements between $3k and $150K
  automatically SB Set-Asides (FAR 19.502-2)
• Procurements >$150K shall be set-aside if two
  or more qualified small businesses available
• Repetitive procurements should follow suit
  unless market research indicated otherwise,
  e.g., an 8(a) set-aside is re-procured as 8(a),
  etc.
• Help us help you!


                  Approved for Public Release   19
Sole Source Considerations

• Governed by FAR 6.3
• Very high scrutiny
• Only concerns w/Sole Source provisions:
  – 8(a)
  – SDVOSB
  – HUBZone
• Local Sole Source Signature Authority to
  $12.5m



                Approved for Public Release   20
Fundamental Thoughts

• LEAD with your Capabilities –
  LEVERAGE your Concern
• Know your Market
  – Internal – Be familiar with the target
    ordering office
  – External – Know your competition
• Focus your talents
• Have a future plan with contingencies

                 Approved for Public Release   21
Policy Trend:
                     Better Buying Power

“Better Buying Power” - USD(AT&L) memo of 14Sep10
-- Dr. Carter outlined his acquisition initiatives to deliver better value to the
    taxpayer and our warfighters. They were organized under these topics:
        1. Target Affordability and Control Cost Growth
        2. Incentivize Productivity and Innovation in Industry
        3. Promote Real Competition
        4. Improve Tradecraft in Service Acquisitions
        5. Reduce Non-Productive Processes and Bureaucracy

“Implementation Directive for Better Buying Power (USD(AT&L) memo
   03Nov10)
-- Directs implementation of specific actions with regard to the five initiatives
    above.




                                Approved for Public Release                         22
Specific Direction Affecting
            Small Business
• Reinvigorate Industry IR&D/Protect DoD
  Technology Base
  – Enhance SBIR Program to Promote Role of Small
    Business in Supporting DoD IRAD Needs
• Increase Dynamic Small Business Role in
  DoD Marketplace Competition
  – For All Competitive and Non-Competitive
    Procurements, Seek Increased SB Participation
    Through Weighting Factors in Past Performance
    and in Fee Construct
• Increase Small Business Participation in
  Providing Services
  – Seek Opportunities to Compete Multiple-Award
    ID/IQ Contracts Among Small Businesses
                  Approved for Public Release   23
Competition & Small Business
        Opportunity at Dahlgren
• SeaPort Pre-Solicitation Announcements
  - Have become a practice at NSWCDD Contracts
  - Announcements allow companies more time to
    prepare for the upcoming effort
• SeaPort Sources Sought Announcements
  - Posted whenever practicable
  - Provide every opportunity for Small Business
    participation
• Industry Days
  • Highly encouraging early involvement with
    Program Managers and Industry Partners
• Acquisition Planning
  • Early identification of follow-on efforts;
    concurrent with final option exercise
                    Approved for Public Release    24
FY 2010 Contracting for
         NSWCDD Departments

Dollars Obligated                  Contract Actions


   17%


                                   46%
                                              54%
         83%

                                                      Services
                                                      Supplies


                Approved for Public Release             25
FY 2010 Obligations - Top 10 FSC Groups ($000)
            $180,000
Thousands




            $160,000
                                                                      Top Ten FSC’s
            $140,000                                                Account for 90% of
                                                                       Obligations
            $120,000

            $100,000

             $80,000

             $60,000

             $40,000

             $20,000

                 $-




                                      Approved for Public Release                        26
NSWCDD
CONTRACTING DOLLARS (INCLUDING PURCHASE CARDS) VS TOTAL OBLIGATIONAL AUTHORITY




                                                                         27
                                Approved for Public Release
WORK PRODUCT METRICS
                                            (NSWCDD)

*DATA INCLUDES CDSA, OTHER NASP TENANTS, PURCHASE CARDS, GRANTS AND OTHER TRANSACTIONS




                                                                                         28
                                           Approved for Public Release
Questions?




Approved for Public Release   29

Wittman brief09june2011

  • 1.
    Center for Workforce& Community Education Government Contracting Seminar Kris Parker & Pat Canciglia (540) 653-4806 (540) 653-7958 Distribution Statement A: Approved for Public Release; Approved for Public Release Distribution is Unlimited 1 09 June 2011
  • 2.
    Agenda •Introduction •Small Business Defined •SmallBusiness Programs & Associated Changes •Jobs Act/Accelerated Payments •Better Buying Power •Efforts at Dahlgren •Questions Approved for Public Release 2
  • 3.
    Brief SB ProgramHistory • Began as a response to WWII needs • Small Business Mobilization Act of 1942 – Response by Congress to help small plants compete with larger ones. – Act authorized a price premium to be paid in contracting with small firms – Applicable only during wartime • Armed Services Production Act of 1947 – provided that “…a fair proportion of total Federal purchases and contracts be placed with Small Business concerns…” – Act extended provisions of the SB Mobilization act to peacetime • Defense Production Act of 1950 – provided that awards could be made to small businesses at other than the lowest possible price • Small Business Act of 1953 – Created the Small Business Administration (SBA) as and independent agency of the Executive Branch – The Government should aid, counsel, assist, and protect, insofar as possible, the interests of small business concerns to…ensure that a fair proportion of the total purchases be place with small business Approved for Public Release 3
  • 4.
    What is aSmall Business? • A concern that: – Is FOR Profit – Is independently owned and operated – Is not dominant in the field of operation in which it is bidding on Government Contracts – Can qualify under the size standards • Size Standards: – Established by U.S. Small Business Administration (SBA) on an industry- by-industry basis using North American Industry Classification System (NAICS) codes – Size standards are based on: • For manufacturing, number of employees • For services and construction, average annual receipts for three preceding accounting years • Example: NAICS 541330, Engineering Services, size standard is $27 million • Federal Small Business concerns differ from state/local Approved for Public Release 4
  • 5.
    Small Business Preference •Federal Acquisition Regulations Provide: – Set Asides – Sole Source/Direct Award (for certain concerns) – Mandatory % of $ to Small Business – Subcontracting requirements – Most provisions detailed in FAR 19 Approved for Public Release 5
  • 6.
    Small Business Programs Conventional Small Business Small Woman-Owned Disadvantaged Small Business Business (WOSB) (SDB) Veteran-Owned Section 8(a) Small Business (VOSB) Minority Institutions Service-Disabled VOSB (SDVOSB) HUBZone Approved for Public Release 6
  • 7.
    SDB • Small DisadvantagedBusiness (SDB) – Small Business 51% owned and operated by socially and economically disadvantaged individuals – 8(a) Business Development Program is a Subset of SBD – As of 01 October 2008, Standard SDB criteria is a Self- Certifying criteria Approved for Public Release 7
  • 8.
    The 8(a) Program •Section 8(a) of the Small Business Act established a Business Development Program for SDBs – An 8(a) SDB can be in the program for up to 9 years • Exception: Native Alaskan and American Indian firms never graduate • 8(a) provisions allow for set-aside and sole source efforts • 8(a) firms can receive direct, sole-source awards up to following thresholds; – Manufacturing: $6.5 million (Increased from $5.5 million) – Services: $4.0 million (Increased from $3.5 million) – 8(a) competition normally used above these levels • Exception: Native Alaskan/American Indian firms – no ceiling • SBA is legally the prime contractor for 8(a) contracts; however, DoD activities execute contracts for the SBA under special partnership agreements Approved for Public Release 8
  • 9.
    The 8(a) Program •DoD/Navy Policy: once 8(a), always 8(a) – Assuming no material change to a requirement, a graduated firm may no longer be able to compete for the work it performed • 8(a) Status requires SBA Certification • IMPORTANT TO NOTE – 8(a) Status must be valid at time of Contract Award for Sole Source Efforts – 8(a) Status must be valid at time of Proposal Submission for 8(a) Competitive Set-Asides – 13 CFR § 124 Approved for Public Release 9
  • 10.
    The 8(a) Program •Recent Regulatory Updates enacted by the SBA effective 14 March 2011 • Changes include: – Clarification on factors determining economic disadvantage – Increased reporting requirements for Tribally-owned firms – New Ownership and Control Requirements – Suspension for call-ups to active duty Approved for Public Release 10
  • 11.
    WOSB/EDWOSB • Women-Owned SmallBusiness – Small Business Reauthorization Act of 2000 set stage for WOSB Set-Asides – Criteria Divided in two categories: • Woman Owned Small Business (WOSB) • Economically Disadvantaged Woman Owned Small Business (EDWOSB) – WOSB & EDWOSB Small Business concerns must be 51% owned and operated by one or more women – Current regulations effective 04 February 2011 – New FAR Clause 19.15 recently included to provide guidance – NO SOLE SOURCE Provisions Approved for Public Release 11
  • 12.
    WOSB/EDWOSB • Women-Owned SmallBusiness – Current Proposal Allows for WOSB Set-Asides as of 04 February 2011 • Manufacturing: $6.5 million • All Others: $4.0 million – Set-Asides Eligible ONLY for 83 Designated NAICS Codes • 45 Determined to be Underrepresented • 38 Determined to be Substantially Underrepresented – WOSB is a Self-Certifying Criteria Approved for Public Release 12
  • 13.
    VOSB/SDVOSB • Veteran-Owned SmallBusiness – Small Business 51% owned and operated by one or more veterans – Veterans Administration is the only Federal Agency with VOSB Set-Aside authority • Service-disabled VOSB (SDVOSB) – SDVOSB provisions allow for set-aside and sole source efforts – Subset of VOSB can receive direct (sole-source) awards up to following thresholds; • Manufacturing: $6.0 million (Increased from $5.5 million) • Services: $3.5 million (Increased from $3.0 million) Approved for Public Release 13
  • 14.
    VOSB/SDVOSB • For SDVOSBsole source efforts: – Contracting Officer must determine that there is only one qualified SDVOSB available • The effort must not be currently performed by an 8(a) Small Business • Both VOSB & SDVOSB are Self-Certifying concerns Approved for Public Release 14
  • 15.
    HUBZone • HUBZone SmallBusiness • HUBZone provisions allow for set-aside and sole source efforts • HUBZone firms can receive direct, sole-source awards up to following thresholds; – Manufacturing: $6.5 million (Increased from $5.5 million) – Services: $4.0 million (Increased from $3.5 million) – Purchases must be >$150k for sole source provisions to be exercised • For HUBZone sole source efforts: – Contracting Officer must determine that there is only one qualified HUBZone available • The effort must not be currently performed by an 8(a) Small Business • HUBZone Status requires SBA Certification Approved for Public Release 15
  • 16.
    HUBZone • IMPORTANT TONOTE – HUBZone Status must be valid at time of Proposal Submission and Contract Award – HUBZone Mapping to be updated later this year Approved for Public Release 16
  • 17.
    Small Business JobsAct • Public Law 111-240, singed into effort 27 September 2010 • Officially restored “Parity” – Removed “Shall” from HUBZone verbiage and replaced it with “May” • Established Government-wide policy on Bundling • Calls for annual Size Standard Certification • Significant federal financial investments and tax incentives for Small Business Approved for Public Release 17
  • 18.
    Accelerated Payment • InterimRule effective 27 April 2011 • Modifies DFAR & Associated Payment Systems to make Accelerated Payment to ALL Small Business • Removes the term “Disadvantaged” from the DFAR Verbiage • Current FPDS data reflects approx. 60,000 active Small Business contracts • Targeted payment date of 7-10 days Approved for Public Release 18
  • 19.
    Set-Aside Considerations • Allprocurements between $3k and $150K automatically SB Set-Asides (FAR 19.502-2) • Procurements >$150K shall be set-aside if two or more qualified small businesses available • Repetitive procurements should follow suit unless market research indicated otherwise, e.g., an 8(a) set-aside is re-procured as 8(a), etc. • Help us help you! Approved for Public Release 19
  • 20.
    Sole Source Considerations •Governed by FAR 6.3 • Very high scrutiny • Only concerns w/Sole Source provisions: – 8(a) – SDVOSB – HUBZone • Local Sole Source Signature Authority to $12.5m Approved for Public Release 20
  • 21.
    Fundamental Thoughts • LEADwith your Capabilities – LEVERAGE your Concern • Know your Market – Internal – Be familiar with the target ordering office – External – Know your competition • Focus your talents • Have a future plan with contingencies Approved for Public Release 21
  • 22.
    Policy Trend: Better Buying Power “Better Buying Power” - USD(AT&L) memo of 14Sep10 -- Dr. Carter outlined his acquisition initiatives to deliver better value to the taxpayer and our warfighters. They were organized under these topics: 1. Target Affordability and Control Cost Growth 2. Incentivize Productivity and Innovation in Industry 3. Promote Real Competition 4. Improve Tradecraft in Service Acquisitions 5. Reduce Non-Productive Processes and Bureaucracy “Implementation Directive for Better Buying Power (USD(AT&L) memo 03Nov10) -- Directs implementation of specific actions with regard to the five initiatives above. Approved for Public Release 22
  • 23.
    Specific Direction Affecting Small Business • Reinvigorate Industry IR&D/Protect DoD Technology Base – Enhance SBIR Program to Promote Role of Small Business in Supporting DoD IRAD Needs • Increase Dynamic Small Business Role in DoD Marketplace Competition – For All Competitive and Non-Competitive Procurements, Seek Increased SB Participation Through Weighting Factors in Past Performance and in Fee Construct • Increase Small Business Participation in Providing Services – Seek Opportunities to Compete Multiple-Award ID/IQ Contracts Among Small Businesses Approved for Public Release 23
  • 24.
    Competition & SmallBusiness Opportunity at Dahlgren • SeaPort Pre-Solicitation Announcements - Have become a practice at NSWCDD Contracts - Announcements allow companies more time to prepare for the upcoming effort • SeaPort Sources Sought Announcements - Posted whenever practicable - Provide every opportunity for Small Business participation • Industry Days • Highly encouraging early involvement with Program Managers and Industry Partners • Acquisition Planning • Early identification of follow-on efforts; concurrent with final option exercise Approved for Public Release 24
  • 25.
    FY 2010 Contractingfor NSWCDD Departments Dollars Obligated Contract Actions 17% 46% 54% 83% Services Supplies Approved for Public Release 25
  • 26.
    FY 2010 Obligations- Top 10 FSC Groups ($000) $180,000 Thousands $160,000 Top Ten FSC’s $140,000 Account for 90% of Obligations $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $- Approved for Public Release 26
  • 27.
    NSWCDD CONTRACTING DOLLARS (INCLUDINGPURCHASE CARDS) VS TOTAL OBLIGATIONAL AUTHORITY 27 Approved for Public Release
  • 28.
    WORK PRODUCT METRICS (NSWCDD) *DATA INCLUDES CDSA, OTHER NASP TENANTS, PURCHASE CARDS, GRANTS AND OTHER TRANSACTIONS 28 Approved for Public Release
  • 29.