AFARS PART 5119

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Subpart 5119.2 -- Policies

Subpart 5119.502 -- Setting-Aside Acquisitions

Subpart 5119.6 -- Certificates of Competency and Determinations of Eligibility

Subpart 5119.7 -- Subcontracting With Small Business, Small Disadvantaged and Woman-Owned Small Business Concerns

Subpart 5119.8 -- Contracting with the Small Business Administration (the 8(a) Program)


AFARS -- Part 5119

Small Business Programs


Subpart 5119.2 -- Policies

5119.201 -- General Policy.

(b)

(d)

(e) Small Business Specialists must be appointed by the commander of each command or subordinate activity responsible for a contracting office. The commander of each major command must appoint an Associate Director for SADBU.

5119.202-1 -- Encouraging Small Business Participation in Acquisitions.

(a)

Subpart 5119.502 -- Setting-Aside Acquisitions

5119.502-2-Total Set-Asides

5119.502-2-70-Total Set-Asides for Small Disadvantaged Business Concerns

(a)

(2) The contracting officer shall determine the fair market price using the guidelines of FAR 19.806 and 19.807. The analysis used to determine the fair market price shall be documented in the contract file.

5119.505 -- Rejecting Small Business Administration Recommendations.

(d) Process appeals, on a case-by-case basis, in accordance with instructions from the Director, Office of SADBU. Generally, the contracting officer will be requested to prepare and send a case file through contracting channels to the Director, Office of SADBU. The SADBU at each level must review the case. The case file must include:

5119.506 -- Withdrawing or Modifying Set-Asides.

(b) If a SBA representative is not assigned or available, the Small Business Specialist must refer disagreements to the specialist's appointing authority.

Subpart 5119.6 -- Certificates of Competency and Determinations of Eligibility

5119.602 -- Procedures.

5119.602-3 -- Resolving Differences Between the Agency and the Small Business Administration.

Subpart 5119.7 -- Subcontracting With Small Business, Small Disadvantaged and Woman-Owned Small Business Concerns

5119.704 -- Subcontracting Plan Requirements.

(a) Subcontracting plans required by FAR 19.702(a)(1) and (2) should be realistic, challenging, achievable, with positive percentage and dollar goals for subcontracting with Small Business (SB) concerns, Small Disadvantaged Business (SDB) concerns, Women- Owned Small Business (WOSB), Service-Disabled Veteran-Owned Small Business (S-D V-O SB), Veteran-Owned Small Business (V-SB), Historically Underutilized Business Zone (HUBZone) concerns, and Historically Black Colleges and Universities (HBCU), Minority Institutions (MI), Hispanic Serving Institutions (HIS), and Tribal Council Universities.

5119.705 -- Responsibilities of the Contracting Officer Under the Subcontracting Assistance Program.

5119.705-4 -- Reviewing the Subcontracting Plan.

(d) Contracting officers must -

(i) Use the guide at Appendix DD to evaluate all subcontracting plans, except those for commercial items; and

(ii) Require submission of subcontracting plans that cover the required elements to their satisfaction, notwithstanding the score given a plan evaluated in accordance with Appendix DD. Plans are not acceptable if they do not-

(A) Adequately address the six required statutory elements; or

(B) Provide sufficient information to enable the contracting officer to answer affirmatively questions A through H of Appendix DD, Part 2, Number 8.

(iii) Carefully consider the acceptability of any plan with a score of 70 or fewer points. Identify those areas where the plan is deficient, and discuss them with the offeror to try to get the deficiencies corrected. After discussions, if plans are still scored at 70 or fewer points and are determined acceptable, include the rationale for that determination in the contract file. Provide a copy of the determination and rationale to the local Small Business Specialist.

5119.708 -- Solicitation Provisions and Contract Clauses.

(b)

(1) When FAR 19.705-2(d) applies (e.g., see DFARS 215.605(b)(1)), include a notice in Section L of the solicitation to instruct offerors to submit subcontracting plans with their proposals. Also include a notice that, in addition to all other subcontracting plan requirements, the subcontracting plan must address and respond to the evaluation criteria related to subcontracting and included in the solicitation. Notwithstanding coverage in any other part of the proposal, the extent and nature of participation by Small Business concerns, Small Disadvantaged Business concerns, Women-Owned Small Business, Service-Disabled Veteran-Owned Small Business, Veteran-Owned Small Business, Historically Underutilized Business Zone Concerns, Minority Institutions, Hispanic Servicing Institutions, and Tribal Council Universities must be addressed as an integral part of the subcontracting plan.

Subpart 5119.8 -- Contracting with the Small Business Administration (the 8(a) Program)

5119.803-Selecting Acquisitions for the 8(a) Proram.

(a) Associate Directors for SADBU shall respond directly to general search letters from SBA. The Associate Director for SADBU may redelegate this function to the SADBU specialists at subcontracting contracting activities.

(b) The contracting officer, in coordination with the Small Business Specialist, shall respond to SBA requests for a specific requirement by offering the requirement (see 5119.804-2) or by explaining why the requirement is not being offered in accordance with SBA's request.

(c) Where a number of requirements are being offered to SBA for planning purposes, Associate Directors for SADBU or their designated Small Business Specialists must identify the requirements to SBA. Specific individual requirements shall be offered in accordance with 5119.804-2(a).

5119.804 -- Evaluation, Offering, and Acceptance.

5119.804-2 -- Agency offering.

(a) The contracting office must inform the SBA and Associate Director for SADBU. This notification represents a firm commitment to negotiate with the SBA, provided there is no material change in requirements, availability of funds, or other factors.

5119.808 -- Contract Negotiation.

5119.808-1 -- Sole Source.

(a) The contracting activity must notify the Associate Director for SADBU of the intent to proceed with the acquisition without further regard to the 8(a) procedures. Withdrawal of the 8(a) commitment must be documented.

(b) When direct negotiation with an 8(a) subcontractor does not proceed satisfactorily, the contracting officer must ask the SBA to enter negotiations promptly to expedite the award.

5119.810 -- SBA appeals.

(b) Process appeals in accordance with 5119.505.

5119.812 -- Contract Administration.

(c) Early recognition of deficiencies in contract performance and prompt notification to the subcontractor and SBA are of particular importance. Any indication that the subcontractor requires technical or management assistance must be promptly reported to the SBA office awarded the contract, and the contract file documented.

If the SBA fails to act in a timely manner to help the subcontractor take corrective action, the contracting officer must report this failure to the Associate Director for SADBU, with recommendation for action. Matters that cannot be resolved with Associate Directors must be referred to the Director, SADBU.

5119.890 -- Notification of Award.

Immediately after award of any 8(a) contract, the contracting officer must notify the Small Business Specialist of the SBA office to which award was made and the 8(a) firm's name and address, providing a description of the supplies or services, the quantity, dollar value, date of award and contract number. Furnish a copy of the notification to the Associate Director for SADBU.

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