DARS Part 19 Small Business Programs
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
(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 Small and Disadvantaged Business Utilization (SADBU) and Small and Disadvantaged Business Utilization Specialist (SADBUS) must comply with the requirements of DFARS 219-201(10)(A), (B) and (C).
(S-90) The SADBU/SADBUS 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 SADBU’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 SADBU/SADBUS 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 SADBU or SADBUS. 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;
(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 SADBU or the SADBUS 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:
(A) Contact the SADBU or the SADBUS for urgent requirements to facilitate and expedite the approval of the DD Form 2579.
(ii) To expedite the process, the contracting officer 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 contracting officer must do the following:
(A) Document the files to indicate the submission date of the DD Form 2579 to the SADBU/SADBUS and the decision to proceed.
(B) Coordinate contracting officer’s decision or recommendation on the acquisition with the SADBU or SADBUS 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 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 $550,000 ($1,000,000 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