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HUDAR PART 2419--SMALL BUSINESS PROGRAMS


PART 2419--SMALL BUSINESS PROGRAMS


PART 2419--SMALL BUSINESS PROGRAMS

Sec.

Subpart 2419.2--Policies

2419.201 General policy.

Subpart 2419.5--Set-Asides for Small Business

2419.503 Setting aside a class of acquisitions.

Subpart 2419.7--The Small Business Subcontracting Program

2419.708 Solicitation provisions and contract clauses.

Subpart 2419.8--Contracting with the Small Business Administration (The 8(a) Program)

2419.800 General.

Subpart 2419.2--Policies

2419.201 General policy.

(c) The Director, Office of Small and Disadvantaged Business Utilization (OSDBU), Headquarters, is responsible for the administration of the HUD small business programs. This includes Department-wide responsibility for developing, implementing, executing, and managing these programs, providing advice on these programs, and representing HUD before other government agencies on matters primarily affecting small, small disadvantaged and women-owned small businesses.

(d) Each head of a contracting activity shall designate a small business specialist who shall perform the following functions:

(1) Maintain a program designed to locate capable small business sources as referenced in 2419.201(c) for current and future procurements;

(2) Coordinate inquiries and requests for advice from such businesses on procurement matters;

(3) Review proposed requirements for supplies and services, ensure that all such business concerns will be afforded an equitable opportunity to compete, and, as appropriate, initiate recommendation for small business or Section 8a set-asides (under the Small Business Act);

(4) Take action to ensure the availability of adequate specifications and drawings, when necessary, to obtain participation by such businesses in a procurement;

(5) Review proposed procurements for possible breakout of items suitable for procurement from such businesses;

(6) Advise such businesses with respect to the financial assistance available under existing laws and regulations and assist such businesses in applying for financial assistance;

(7) Ensure that adequate records are maintained and accurate reports are prepared concerning such businesses participation in the procurement program;

(8) Make available to SBA copies of solicitations, when requested, and

(9) Act as liaison between the Contracting Officer and the appropriate SBA office in connection with set-asides, certificates of competency, size classification, and any other matter in which the small business program may be involved.

Subpart 2419.5--Set-Asides for Small Business

2419.503 Setting aside a class of acquisitions.

(a) Class set-aside for construction under the Real Estate Owned Program. A class set-aside is hereby made for each proposed procurement for construction under the Real Estate Owned Program with an estimated cost of less than $1,000,000. Accordingly, Contracting Officers shall set aside for small business each such proposed procurement. If a Contracting Officer determines that any individual procurement falling within the class set-aside requirements of this Section is unsuitable for such a set-aside in part or in total, the set-aside may be withdrawn with the concurrence of the Head of the Contracting Activity. Proposed procurements for construction which exceed an estimate of $1,000,000 shall be considered for set-aside on a case-by-case basis.

Subpart 2419.7—The Small Business Subcontracting Program

2419.708 Solicitation Provisions and Contract Clauses.

(d) The Contracting Officer shall insert the provision at 2452.219-70 in negotiated solicitations exceeding $500,000 that are not set aside for small business or 8(a) concerns.

Subpart 19.8 -- Contracting with the Small Business Administration (The 8(a) Program)

2419.800 General.

(f) By Partnership Agreement, dated May 21, 2004, the Small Business Administration (SBA) has delegated to the Department of Housing and Urban Development (HUD) the authority to directly execute contracts awarded under SBA's Section 8(a) program. The Senior Procurement Executive has issued internal guidance regarding the direct award of 8(a) contracts, consistent with Civilian Agency Acquisition Council Letter 98-3, "Direct 8(a) Contracting," dated May 1, 1998.

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