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NMCARS PART 5219 SMALL BUSINESS PROGRAMS



PART 5219 SMALL BUSINESS PROGRAMS

SUBPART 5219.2--POLICIES

5219.201 (DFARS 219.201) General policy.

(a) DoN policy is to utilize small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns to obtain its requirements. Such concerns shall have the maximum practicable opportunity to participate both as prime contractors and as subcontractors.

(d)(8) The HCA shall assign a small business technical advisor to each office where a resident SBA procurement center representative is located.

(10)(A) The review requirements are not applicable to--

(i) orders placed against indefinite delivery type contracts since the review is performed prior to award of the basic contract;

(ii) orders placed against Federal Supply Schedules since FAR 8.404(a) provides that Part 19 does not apply to such orders; or

(iii) awards under the Small Business Innovation Research (SBIR) Program since the SBIR is limited to qualified small business concerns.

SUBPART 5219.5--SET-ASIDES FOR SMALL BUSINESS

5219.505 (DFARS 219.505) Rejecting Small Business Administration recommendations.

(d) The justification shall be forwarded through the HCA to the Director, SADBU, and shall include copies of all correspondence between the activity and the SBA related to the appeal, together with the rationale justifying the activity's non-set-aside determination.

SUBPART 5219.7--THE SMALL BUSINESS SUBCONTRACTING PROGRAM

5219.704 (DFARS 219.704) Subcontracting plan requirements.

(a)(1) Each separate goal should be realistic, justifiable and positive (i.e. greater than zero.)

5219.705 Responsibilities of the contracting officer under the subcontracting assistance program.

5219.705-4 (DFARS 219.705-4) Reviewing the subcontracting plan.

(d) When evaluating proposed subcontracting plans, contracting officers should obtain advice and recommendations from the cognizant CAO, and shall do so for any subcontracting plan that does not contain positive goals. The CAO should be specifically requested to review the factors used by the prime contractor to develop the zero goal, the past performance of the offeror on similar requirements, and the current procedures used by the offeror to maximize opportunities for small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business and women-owned small business concerns to participate in its subcontracting program. The contracting officer shall consider the CAO’s findings, including any recommendations, prior to approval of the subcontracting plan. The contract file shall be documented to reflect the review and the contracting officer's final decision relative to an acceptable goal. If the contracting officer determines that a subcontracting plan containing a zero goal is appropriate, the determination shall be approved at a level above the contracting officer and placed in the contract file.

5219.705-5 Awards involving subcontracting plans.

(a)(5) Contracting officers shall incorporate the approved subcontracting plan into the contract by specific identification by reference in the Schedule, and may also include it as an Attachment to the contract. When the subcontracting plan is incorporated into the contract by reference, ensure the CAO is provided a copy.

5219.706 (DFARS 219.706) Responsibilities of the cognizant administrative contracting officer.

(90) DoN CAOs shall submit SF 295, "Summary Subcontract Report," data to Washington Headquarters Service, Directorate for Information, Operations and Reports.

SUBPART 5219.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

5219.804-2 (DFARS 219.804-2) Agency offering.

(b) and (c) Contracting activities shall provide a copy of 8(a) Program offering letters to the Director, SADBU concurrent with submission to the cognizant SBA district office.

5219.804-4 Repetitive acquisitions.

(90) Requirements currently in the 8(a) Program are to remain in the 8(a) Program if a responsible 8(a) firm is available to perform the requirement (but see FAR 19.804-4).

5219.810 SBA appeals.

(b) Upon notification that the SBA Administrator has filed an appeal, the contracting officer shall forward to the Director, SADBU, copies of all correspondence between the activity and the SBA related to the appeal, together with the rationale justifying the activity's determination.

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