Previous PageTable Of ContentsNext Page

DARS



PART 19 — SMALL BUSINESS PROGRAMS

TABLE OF CONTENTS

SUBPART 19.2 -- POLICIES

19.201 General Policy

SUBPART 19.5 -- SET-ASIDES FOR SMALL BUSINESS

19.505 Rejecting Small Business Administration recommendations

SUBPART 19.7 -- THE SMALL BUSINESS SUBCONTRACTING PROGRAM

19.705-2 Determining the need for a subcontracting plan

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

19.808   Contract negotiation

19.808-1 Sole Source

SUBPART 19.2 -- POLICIES

19.201 General policy.

(a) Defense Information Systems Agency’s (DISA) policy is to utilize small business to the maximum extent practical and provides an opportunity for small businesses to participate both as prime contractors and subcontractors. To facilitate this process, the Office of Small Business Programs (OSBP) and Small Business Specialist must comply with the requirements of DFARS 219-201(10)(A), (B) and (C).

(S-90) The OSBP is required to:

(1) Review and make recommendations for all acquisitions, including General Service Administration (GSA) schedule purchases, over $10,000;

(2) Conduct the review prior to issuance of the solicitation or contract modification and document it on the Small Business Coordination Record, DD Form 2579; and

(3) Coordinate and resolve any written issues with the Program Manager/Service Manager/Project Leader (PM/SM/PL) as to why small business should not be considered prior to the OSBP’s final coordination.

(4) Refer recommendations that have been rejected by the contracting officer to the Small Business Administration (SBA) Procurement Center Representative (PCR).

(S-91) The HCO will ensure the contracting officers are knowledgeable and capable of providing the PM/SM/PL with the appropriate advice regarding conducting the necessary market research to assess if small business should not be considered..

(S-92) Contracting officers must also comply with DFARS 219-201(10)(A)(B) and with the following:

(1) Shall not make a public release indicating the government’s decision on the method of acquisition, e.g., full or open, small business set-aside, 8(a) program or HUBZone set-aside, until the OSBP/S approval is obtained on the DD Form 2579.

(2) Awards to Small Business, HUBZone Small Business, Veteran-Owned Small Business, Service-Disabled Veteran-Owned Small Business, Women-Owned Small Business, and Small Disadvantaged Business must be considered when placing orders against a Federal Supply Schedule (FSS) to facilitate meeting the Department of Defense (DoD) goals.

(3) Must complete DD Form 2579 in accordance with Appendix F and ensure that PM/SM/PL and COR/TM have reasonable opportunity, prior to submission of the DD Form 2579, to discuss and present written reasons, using market research (FAR Part 10 and DFARS Part 210), as to why small business should not be considered.

(4) Ensure the PM/SM/PL and COR/TM are involved in the DD Form 2579 coordination.

(5) Submission of the DD Form 2579 may require the following additional documentation at the discretion of the approving OSBP. However, the additional documentation, as outlined below, along with the DD Form 2579 must be submitted when these two conditions exist: (1) if an award to a large business is recommended or (2) if the acquisition strategy changes from the original submission and approval of the DD Form 2579:

(i) Statement of Objectives (SOOs), Statement of Work (SOW), or other work descriptions;

(ii) Proposed source list;

(iii) Market research for acquisition greater than $10,000;

(v) Purchase/Task Order Request; and

(vi) Acquisition Plan.

(6) Place approved DD Form 2579 into the contract file.

(7) Review and Approval Period:

(iii) Ensure the approved DD Form 2579 is placed in the official contract file.

(8) The following actions may be taken without an approved DD Form 2579:

SUBPART 19.5 -- SET -ASIDES FOR SMALL BUSINESS

19.505 Rejecting Small Business Administration recommendations.

(b) The designee is the cognizant HCO.

SUBPART 19.7 -- THE SMALL BUSINESS SUBCONTRACTING PROGRAM

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

19.705-2 Determining the need for a subcontracting plan.

(c) If the contracting officer determines a subcontracting plan is not required, then a Determination and Findings (D&F) shall be prepared in accordance with the format entitled “Non-inclusion of Small Business and Small Disadvantaged Business Subcontracting Plan.” A copy of the D&F and all supporting documentation shall be provided to the Small Business Specialist (SBS) electronically for advisory comments. Upon receipt of the SBS comments, the contracting officer’s D&F shall proceed with the approval required by FAR Subpart 19.705-2(c). FAR Subsection 19.702(2)(b) identifies four situations where subcontracting plans are not required. A D&F for “Non-Inclusion of Small Business and Small Disadvantaged Business Subcontracting Plan” is not required for a procurement covered by one of these exemptions.

DETERMINATION AND FINDINGS

NON-INCLUSION OF SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS

SUBCONTRACTING PLAN

DETERMINATION

Based on the findings stated below and pursuant to Public Law 95-507, FAR Subpart 9.702(b), and FAR Subpart 19.705-2(c), I hereby determine that a Small Business Plan is not applicable to this procurement.

FINDINGS

Public Law 95-507 and FAR Subpart 19.702(a) require that all applicable contracts in excess of $650,000 ($1.5 million for construction) have an approved Small Business and Small Disadvantaged Business Subcontracting Plan. The prospective contractor for (identify contract/order number); or the contractor for contract modification (identify contract number/contract modification number) is _______________________________ . The total estimated amount of the contract action is $_____________ . The scope of work covers ________________________. The prospective contractor/contractor is exempt from submission of a Small Business and Small Disadvantaged Business Subcontracting Plan for the following reason(s):

(______) Subcontracting possibilities do not exist for the proposed contractual action.

_____________________________ __________________________

Contracting Officer Date

Concur/Nonconcur:

____________________________ __________________________

Small Business Specialist Date

Approved:

____________________________ __________________________

Date

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

19.808  Contract negotiation.

19.808-1 Sole source.

(S-90) Refer to Appendix G for J&A template.

(S-91) See DARS 6.303-90(a) & (b) for J&A format. See DARS 6.303-90(c) and (d) and 6.304 (S-90) for amended justification requirements.

(S-92) Sole-source 8(a) contract over $20 million requires a Justification for OTFAOC in accordance with FAR 6.302-5(b)(4); FAR 6.303-2(d); and FAR 19.808-1(a). The justification procedures shall follow the format set-forth in section 6.303-90.

Previous PageTop Of PageTable Of ContentsNext Page