(b)(i) Each program and project manager shall provide a point of contact to the appropriate command small and disadvantaged business utilization (SADBU) specialist to assist in identifying potential products or services suitable for award to small or small disadvantaged businesses.
(c)(6) The Director, Office of SADBU, shall be afforded an opportunity to comment on, and contribute to, the performance evaluation of associate directors, who shall be afforded the same opportunity for the principal SADBU specialists at subordinate activities.
(7)(a) At those contracting activities where there is a resident SBA Procurement Center Representative (PCR), the Small Business Technical Advisor (SBTA) shall be assigned full time to the Office of SADBU and shall be supervised by the chief of the office. The SBTA shall not be a SADBU specialist.
(b) At those activities where the assignment of an SBTA is not required, but where requirements are technically complex, a technical point of contact shall be identified to the PCR and SADBU specialist. Upon request, the technical contact will provide the PCR and SADBU specialist technical advice and information to support their reviews of acquisition actions.
(c) Duties of the SBTA may include the following types of technical assistance:
(1) Explaining and interpreting drawings, specifications and other technical data.
(2) Providing information on the requisite professional skills, facilities, production equipment and other necessary capabilities required for production, testing, quality control, etc.
(3) Arranging for technical personnel to provide assistance on subject matter outside the SBTA's expertise.
(4) Helping identify acquisitions which are candidates for breakout.
(5) Helping identify candidates for the 8(a) program and small business and labor surplus area set-asides.
(6) Reviewing acquisition plans.
(c)(9)(B)(1) To facilitate the review of the DD Form 2579, the contracting officer shall:
(i) Prepare the DD Form 2579 with sufficient lead time to permit the SADBU specialist serving the contracting office and the SBA PCR to review and sign it prior to transmitting the Commerce Business Daily synopsis notice if one is required.
(ii) Attach a copy of the proposed solicitation mailing list which must include size and disadvantaged status for each name listed.
(iii) Keep the original DD Form 2579 in the contract file and send copies to the SBA PCR and activity SADBU specialist.
(2) The SADBU specialist serving the contracting office shall:
(i) Number Item 1, Control No., on the DD Form 2579, consecutively starting with "1" at the beginning of each FY, and adding the last two digits of the FY, e.g. 1-96, 2-96.
(ii) Review and sign the DD Form, 2579.
(3) When completed, and until the date of contract award, the DD Form 2579 shall be made available only to personnel who have a "need to know". Copies distributed outside the Army shall be marked "FOR OFFICIAL USE ONLY" in accordance with AR 25-55.
(d) SADBU specialists shall be appointed by the commander of each command or subordinate
activity responsible for a contracting office. The commander of each major command shall appoint an Associate Director for SADBU.
(A) Only individuals who possess business acumen and knowledge of Army contracting policy and procedures and who have the training and background to accomplish the objectives of the overall small business program shall be appointed associate directors and SADBU specialists.
(B) Before appointing an associate director, the commander shall submit a summary of the candidate's qualifications to the Director, Office of SADBU, for review and shall consult with the Director. A copy of the appointment document shall be forwarded to the Director, Office of SADBU.
(C) The appointment of other SADBU specialists shall be coordinated in advance with the appropriate associate director. Where a full-time specialist is appointed, they shall not be assigned to the contracting office. Where a part-time specialist is appointed, they should be the chief of the contracting office.
(D) Furnish the name, grade level, position, title, telephone numbers (commercial and DSN) and activity location of newly appointed SADBU specialists to the Director, Office of SADBU, within 30 calendar days after appointment. When applicable, identify the SADBU specialist being replaced.
SUBPART 19.5--SET-ASIDES FOR SMALL BUSINESS
19.502 Setting aside acquisitions.
19.502-2-70 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.
19.505 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 forward a case file through contracting channels to the Director, Office of SADBU. The SADBU at each level shall review the case. The case file shall include the following:
(i) A complete statement of attempts to resolve the matter.
(ii) A response to each issue raised by SBA in its appeal.
(iii) Supporting documents related to controversial aspects.
19.506 Withdrawing or modifying set-asides.
(b) If a SBA representative is not assigned or available, the SADBU specialist shall refer disagreements to the specialist's appointing authority.
SUBPART 19.6--CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF ELIGIBILITY
19.602-3 Resolving differences between the agency and the Small Business Administration.
(c)(i)(B) The contracting officer shall prepare the case and submit it through contracting channels and the addressee in 1.290(b)(5) to the Director, Office of SADBU. The SADBU specialist at each level shall review the case.
SUBPART 19.7--SUBCONTRACTING WITH SMALL BUSINESS, SMALL DISADVANTAGED AND WOMAN-OWNED SMALL BUSINESS CONCERNS
19.704 Subcontracting plan requirements.
(a) It is Army policy that subcontracting plans required by FAR 19.702(a)(1) and (2) have realistic, challenging, achievable and positive percentage and dollar goals for subcontracting with small business (SB) concerns, small disadvantaged business (SDB) concerns, historically black colleges and universities (HBCU) and minority institutions (MI).
19.705 Responsibilities of the contracting officer under the subcontracting assistance program.
19.705-4 Reviewing the subcontracting plan.
(d) Contracting officers shall--
(i) Use the guide at Appendix CC 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 CC. 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 CC, 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 SADBU specialist.
19.708 Solicitation provisions and contract clauses.
(b)(1) In the case of formal source selection, include a notice in Section L of the solicitation to instruct offerors to submit subcontracting plans with their proposal. 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 businesses, small disadvantaged businesses, historically black colleges and universities and minority institutions must be addressed as an integral part of the subcontracting plan. Include these notices in other solicitations when the contracting officer decides that the simultaneous negotiation of subcontracting plans with all firms in a competitive range is necessary. (See FAR 19.705-2(d).)
SUBPART 19.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION
(THE 8(a) PROGRAM)
19.803 Selecting acquisitions for the 8(a) Program.
(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 subordinate contracting activities.
(b) The contracting officer, in coordination with the SADBU specialist, shall respond to SBA requests for a specific requirement by offering the requirement (see 19.804-2) 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 SADBU specialists shall identify the requirements to SBA. Specific individual requirements shall be offered in accordance with 19.804-2(a).
19.804 Evaluation, offering, and acceptance.
(a) The contracting office shall notify the SBA by letter and furnish a copy to the 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.
(14) The contracting officer shall coordinate noncompetitive 8(a) offerings with a total estimated contract value above the thresholds in FAR 19.805-1(a)(2) with the local competition advocate, who will review the technical requirements for the supplies and services to ensure they are not overly restrictive.
(a) The contracting activity shall 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 shall be documented.
(b) When direct negotiation with an 8(a) subcontractor does not proceed satisfactorily, the contracting officer shall ask the SBA to enter negotiations promptly to expedite the award.
(b) Process appeals in accordance with 19.505.
19.812 Contract administration.
(c) Early recognition of deficiencies in contract performance and prompt notification to the subcontractor and SBA are of particular importance in the administration of 8(a) contracts. Any indication that the subcontractor requires technical or management assistance shall be promptly reported in writing to the SBA office awarded the contract, and the contract file shall be documented. If the SBA fails to act in a timely manner to help the subcontractor take corrective action, the contracting officer shall report this failure to the Associate Director for SADBU, with the contracting officer's recommendation for action. Matters which cannot be resolved with associate directors shall be referred to the Director, SADBU.
Immediately after award of any 8(a) contract, the contracting officer shall notify the SADBU specialist in writing 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.