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 Responsibilities of the contracting officer under the subcontracting assistance 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
PART 19 -- SMALL BUSINESS PROGRAMS
(a) DISA’s 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) 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, RFI (over $500,000), 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 (KO) to the Small Business Administration (SBA) Procurement Center Representative (PCR).
(S-91) The HCO will ensure the KOs 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 be considered..
(S-92) KOs 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 the procedures located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=small_business_guides_and_templatesand ensure that PM/SM/PL and COR 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 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 acquisitions greater than the simplified acquisition threshold (SAT);
(iv) Justification for Other Than Full and Open Competition – Justification and Approval (J&A);
(v) Purchase/Task Order Request; and
(vi) Acquisition Plan.
(6) Place approved DD Form 2579 into the contract file.
(7) Review and Approval Period:
(i) To facilitate the acquisition process, the OSBP has five (5) business days to render a final decision on the Small Business Coordination Record (DD Form 2579). However, if the solicitation needs to be forwarded to the SBA PCR the requirements of FAR 19.202-1(e)(1) may take precedence. Contact the OSBP for urgent requirements to facilitate and expedite the approval of the DD Form 2579.
(ii) To expedite the process, the KO has the authority to proceed with the approach proposed on the DD Form 2579 if the review period of five (5) business days has expired. However, the KO must do the following:
(A) Document the files to indicate the submission date of the DD Form 2579 to the OSBP and the decision to proceed.
(B) Coordinate KO’s decision or recommendation on the acquisition with the OSBP and request approval of the proposed approach delineated on the DD Form 2579.
(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:
(i) Publishing synopses, request for information, and white papers for conducting market research, such as a sources sought, provided the synopsis does not indicate the government’s decision regarding method of acquisition;
(ii) Orders placed against a single award (not multiple awards) indefinite delivery/indefinite quantity (IDIQ) type contract provided the basic contract has an approved DD Form 2579;
(iii) Solicitations and contracts under the Small Business Innovation Research (SBIR) Program since the SBIR is limited to qualified small business concerns; or
(iv) Exercising a contract option, which is within the scope of the existing contract provided the basic contract has an approved DD Form 2579.
(v) Solicitations and contracts when contract performance is outside of the United States or its outlying areas.
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 KO 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” located at https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=determination_and_findings. 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 KO’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.
SUBPART 19.8 – CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)
(S-90) Refer to https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=j_a_templates for sole source 8(a) 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.