2018 SBA Virtual Learning Series - Gallatin, Tennessee
Women-Owned Small Business (WOSB) Program First Wednesday Virtual Learning Series 2018 www.sba.gov/wosb 1 Hosts Christopher Eischen, Procurement Center Representative SBA Office of Government Contracting, Area IV, Kansas City, MO [email protected] (816) 426-4911 Deborah Crumity, Procurement Center Representative SBA Office of Government Contracting, Area IV, Rock Island Arsenal [email protected]
(309) 782-5734 2 Welcome to SBA Virtual Learning 2018 1. Questions answered during the final 10 minutes. 2. Technical problems: Contact the moderator with a note or call AT&T Support Desk at 1-888-796-6118. 3. Page numbers stated for those working off hard copies of the program. 4. We cover the SBA Quick Reference as time allows. 5. For more SBA training visit the SBA Learning Center website https://www.sba.gov/tools/sba-learning-center/search/training 3
Association of Procurement Technical Assistance Centers (APTAC) Procurement Technical Assistance Centers are a vital resource partner. APTAC posts past First Wednesday programing at this link: http://www.aptac-us.org/for-contracting-officers-sba-webinar-library/ Contracting officer resources: How PTACs partner with federal agencies: http://www.aptac-us.org/federal-partners/
Find your nearest Procurement Technical Assistance Center at http://www.aptac-us.org 4 1st WEDNESDAY VIRTUAL LEARNING SERIES 2018 SCHEDULE 1:00 to 2:00 Central Time FY 2018 Date Topic 1
October 4, 2017 Non-Manufacturer Rule 2 November 1, 2017 About SBA 3 December 6, 2017 SBA Programs You May Not Know About
4 January 10, 2018 Historically Underutilized Business Zones 5 February 7, 2018 Certificate of Competency Program 6 March 7, 2018
Woman Owned Small Business (WOSB) Program 7 April 4, 2018 Size and Affiliation 8 May 2, 2018 Subcontracting Tools 9
June 6, 2018 SDVOSB 10 July 11, 2018 SBA Legislative Update 11 August 1, 2018 Mentor/ Protg Program
Natural Resources Assistance/Disaster Assistance The program schedule above is for information only and is subject to change. 5 One Continuous Learning Point Self-service: Using the PowerPoint that was sent with your invitation for this training event, fill in your name on the certificate slide and save. Download the certificate and print for your records. You submit your request for training credit IAW your agency policy, i.e. FAITAS. Phoning in only: If you listen in groups and you want all attendees to be included on the future mailing list, send email addresses of
Women-Owned Small Business (WOSB) Federal Contract Program First Wednesday Virtual Learning Series 2018 www.sba.gov/wosb 8 Topics Covered WOSB Program Overview Pre-Solicitation Pre-Award Certify.SBA.gov 9 Overview of the WOSB
Federal Contract Program The WOSB Federal Contract Program allows Contracting Officers (COs) to set aside contracts for WOSBs including EDWOSBs in eligible NAICS As of December 2015, it also allows COs to make sole source awards to WOSBs (including EDWOSBs) under specific circumstances SBA implements and administers the WOSB Program. SBA regulations provide the framework with SBA procedures incorporated in FAR. 10 Unique Aspects of the WOSB Federal Contract Program 1) Not all NAICS codes are authorized for use under the WOSB Program. Check the SBA website at
www.sba.gov/wosb for available NAICS codes. 2) WOSBs must provide their eligibility documents to WOSB Repository available at certify.sba.gov. 3) COs must verify whether offerors have provided all the required documents to certify.sba.gov. 11 History of the WOSB Federal Contract Program Time Event December 2000
Public Law 106-554 establishes a women's procurement program to assist the government in meeting its 5% women-owned small business (WOSB) contracting goal. April 2011 New Federal Acquisitions Regulation (FAR) implements WOSB Program. Eligible industries limited to 83 based on the RAND report. December 2014 NDAA 2015 provides sole source authority to the program, ended selfcertification option. Certification process currently under review. Selfcertification still accepted. December 2015 Sole Source process implemented by new FAR.
March 2016 Eligible Industries revised and expanded to 113 based on the new Department of Commerce Study. October 2017 Eligible industries revised to 112 as a result of NAICS 2017 implementation. 12 WOSB and EDWOSB WOSB: Women-Owned Small Business EDWOSB: Economically Disadvantaged Women-Owned
Small Business; WOSBs whose owner and/or manager claims economic disadvantage WOSB EDWOSB EDWOSB is a subset of WOSB. As such, if you qualify as an EDWOSB, you automatically qualify as a WOSB. 13 WOSB and EDWOSB May an EDWOSB submit an offer on a set aside for WOSBs?
14 PRE-SOLICITATION 15 Set Aside Considerations If valued over $150K? Set aside for 8(a), HZ, SDVO SBC or WOSB Rule of 2 met? Fair & reasonable? No 8(a) performing?
Consider Responsible contractor? Sole source to 8(a), HZ, SDVO SBC or WOSB Contract value? Fair & reasonable? No 8(a) performing? Small business set aside Rule of 2 met? Fair & reasonable price?
Market research Historical data SB goal accomplishment Unrestricted 16 Important WOSB Considerations Not all NAICS codes are available for WOSB procurements. Separate NAICS codes are authorized for WOSB and EDWOSB. If interested in WOSB or EDWOSB set-asides, determine whether NAICS code is eligible under WOSB Program at www.sba.gov/wosb. 364 NAICS codes are available for WOSB.
80 NAICS codes are authorized for EDWOSB. If market research indicates one WOSB and multiple SBs, you must consider a WOSB sole source award before SB setasides. FAR 19.1505(a) & 19.1506(a). 17 Important WOSB Considerations Recommend including in solicitation the following: " Pursuant to FAR 19.1503(b)(3), offerors must have all required WOSB eligibility documents in the WOSB Program Repository currently available at Certify.SBA.gov (Certify), at the time of their initial offer on the instant procurement. The list of required documents is provided in FAR 19.1503(c). Please note that offerors are no longer required to complete and upload SBA Form 2413, 2414 or 413 to Certify as these forms are completed online at Certify. If the apparent successful offeror does not have all documents in the WOSB Program Repository currently available at Certify.SBA.gov, it will be
referred to the U.S. Small Business Administration (SBA) for a WOSB status protest. Offerors that need assistance in submitting the documents to Certify are advised to contact the SBA Office of Government Contracting at [email protected]" 18 WOSB Set-Aside Check NAICS code at www.sba.gov/wosb Award made at fair & reasonable price? Authorized for
WOSB? Rule of two met for WOSB? WOSB set aside May receive offer from WOSB and EDWOSB 19 EDWOSB Set-Aside Check NAICS Code
at www.sba.gov/wosb Authorized for EDWOSB? Rule of two met for EDWOSB? Award made at fair & reasonable price? EDWOSB set aside May receive offer from EDWOSB only
20 WOSB and EDWOSB If the NAICS code is authorized for WOSBs, can the CO receive a proposal from an EDWOSB? 21 WOSB and EDWOSB If the NAICS code is authorized for WOSBs, can the CO set the procurement aside for EDWOSBs?
22 WOSB Sole Source Check NAICS code at www.sba.gov/wosb Authorized for WOSB? Total contract value? $6.5M for mfrg $4M for svcs Is WOSB deemed responsible?
Award made at fair & reasonable price? WOSB sole source WOSB Program is NOT a business development program. As such, there is no statutory authority to make a direct award. Agencies are required to prepare and approve J&A. FAR 6.302-5(c)(2). 23 EDWOSB Sole Source Check NAICS code at www.sba.gov/wosb Authorized for
EDWOSB? Total contract value? $6.5M for mfrg $4M for svcs Is EDWOSB deemed responsible? Award made at fair & reasonable price? EDWOSB sole source
WOSB Program is NOT a business development program. As such, there is no statutory authority to make a direct award. Agencies are required to prepare and approve J&A. FAR 6.302-5(c)(2). 24 WOSB Sole Source Sole source authority under WOSB Program was established - FAR 6.302-5(b)(7) FAR does not exempt WOSB sole source awards from justifications requirement. FAR only exempts the following from justifications requirement: Purchases made through another agency or from a specified source as authorized or required by a statute; Brand name commercial items purchased for authorized resale; Purchases from AbilityOne organizations; and 8(a) sole source awards of up to $22 million
25 WOSB Set-Aside or Sole Source Examples I have a requirement calling for the contractor to provide sign language interpretation services. I am planning to utilize the GSA Schedule for this requirement. NAICS Code 541930 Translation and Interpretation Services is assigned to the solicitation. Market research results indicate that the rule of two can be met for WOSB set-asides. Can I advertise it as an WOSB set-aside? 26 WOSB Set-Aside or Sole Source Examples Q: Our agency has a solicitation calling for the contractor to provide
staffing services. NAICS Code 561320 Temporary Help Services was assigned to the procurement. Market research results indicate that the rule of two will be met for WOSB and SDVO SBC set-asides. Can I do a set aside for WOSB? 27 WOSB Set-Aside or Sole Source Examples I have an RFQ to purchase computer network equipment. NAICS Code 541519 Other Computer Related Services - is assigned to the procurement. Market research results indicate that the rule of two can be met for EDWOSB set-asides. Can I do a set aside for EDWOSBs? 28
WOSB Set-Aside or Sole Source Examples I have a requirement to purchase General Dynamics Long-Range Thermal Imagers. NAICS Code 334511 is assigned to a procurement with a total value of $7 million. Market research indicates that there is one WOSB that can meet the requirement. I have written J&A. Can I make the award to the WOSB on a sole source basis under the WOSB Program? 29 Eligibility Requirements for Joint Ventures A WOSB/EDWOSB may submit an offer as a joint venture with another small business if the following requirements are met
Size: each concern is small under applicable size standard unless an SBA-approved MP JV; EDWOSB/WOSB must manage the joint venture; EDWOSB/WOSB employee must be project manager responsible for contract performance; EDWOSB/WOSB must own 51% of the JV;
EDWOSB/WOSB must receive JV profits commensurate with work performed (at least 40%); Must have a special bank account in JVs name; Itemize all major equipment and facilities furnished by each party; Specify the responsibilities of the parties; Obligate all parties to ensure performance on the contract; Original records must be retained by the EDWOSB/WOSB managing venturer; Quarterly financial statements and final profit and loss statement must be submitted to SBA Note: JV agreement must be submitted to CO. SBA does not approve JV agreement but will process any status protests! 30 PRE-AWARD 31
Important Pre-Award Considerations Check SAM to make sure that the apparent successful offeror represented it as a WOSB (or EDWOSB) eligible under the WOSB Program. If a set-aside and only one acceptable offer from WOSB (including EDWOSB), CO may make award. FAR 19.1505(d). It is COs responsibility to check whether apparent successful offeror filed all the required docs to the WOSB Repository. FAR 19.1505(e) & 19.1503(b). 32 SAM Representation FAR 52.219-1 Q: If a business represented as a WOSB in SAM, is it eligible for
award under the WOSB Program? A: No, not necessarily. There are three types of WOSBs (c)(3) a WOSB, (c)(4) a WOSB eligible under the WOSB Program, and (c)(5) an EDWOSB eligible under the WOSB Program. (c)(4) and (c)(5) must provide eligibility documents to the WOSB Repository but (c)(3) does not. 33 Complying with FAR 19.1505(e) WOSB Program Repository is currently housed at certify.sba.gov. Do not look for completed SBA Forms 2413 (WOSB), 2414 (EDWOSB) or
413 (Personal Financial Statement). The forms are completed online at certify.sba.gov. Businesses are required to add supporting documents to specific questions when prompted. When COs request for access is granted, he/she would see a completed WOSB or EDWOSB certification questionnaire and associated documents on one page. If any questions on eligibility arise, file a status protest with SBA. COs may not disqualify apparent successful offeror solely on the ground that it failed to submit all the required documents. 34 Document Verification for MACs, GWACs and IDIQs I have a requirement calling for the contractor to provide sign language interpretation services. I have decided to compete among GSA Schedule contract
holders. I posted the RFQ on e-Buy, received and evaluated 7 quotes and selected the apparent offeror. Do I need to verify whether the apparent successful offeror has submitted all the required documents to Certify.SBA.gov? 35 Document Verification for MACs, GWACs and IDIQs - Continued I have a RFP calling for road construction and maintenance services on six national forests in Southern California. I have set the RFP aside for WOSBs. After evaluating proposals, I have awarded one IDIQ contract to 12 contractors. Task orders will be competed among the IDIQ contract holders.
Do I need to verify that the apparent successful offerors have submitted all the required documents to Certify.SBA.gov for IDIQ contracts, task orders or both? 36 Ways to Qualify as WOSB or EDWOSB 37 Self-Certified Documents (WOSB) Corporation LLC Partnership Sole Proprietorship Birth certificate, naturalization paper or unexpired passport of women who own and control the firm
WOSB Certification Questionnaire (Completed online equivalent to SBA Form 2413) Articles of incorporation By-laws Articles of organization Operating agreement Partnership agreement DBA name certificate
Stock certificates Stock ledger Voting agreements, if any DBA name certificate, if applicable Joint venture agreement, if applicable 38 Self-Certified Documents (EDWOSB) Corporation LLC Partnership Sole Proprietorship Birth certificate, naturalization paper or unexpired passport of economically disadvantaged women who own and control the firm EDWOSB Certification Questionnaire (Completed online equivalent to SBA Form 2414)
Personal financial statement (Completed online equivalent to SBA Form 413) Articles of Articles of Partnership DBA name certificate incorporation organization agreement Operating By-laws agreement Stock certificates Stock ledger Voting agreements, if any DBA name certificate, if applicable
Joint venture agreement, if applicable 39 Third-Party Certified - Documents Corporation LLC Partnership Sole Proprietorship WOSB or EDWOSB Program Certification (Completed online in Certify.SBA.gov) Current TPC Certification SBA accepts WOSB or EDWOSB certifications only from the
following four entities: El Paso Hispanic Chamber of Commerce National Women Business Owners Corporation US Womens Chamber of Commerce Womens Business Enterprise National Council: WOSB only No USDOT DBE or State certifications are accepted. 40 8(a) Certified - Documents
Corporation LLC Partnership Sole Proprietorship EDWOSB Program Certification (Completed online in Certify.SBA.gov) Initial 8(a) Approval Letter Most Recent Annual Review Letter from SBA Certifications of eligibility in the 8(a) BD Program also satisfy eligibility requirements for the WOSB Program and need no further clarifications.
41 Reviews and Protests SBA is committed to ensuring only eligible WOSBs benefit from the WOSB Federal Contract Program. The following tools ensure compliance with Program requirements: Eligibility Examinations SBA may investigate the accuracy of any certification or representation made SBA will conduct regular reviews of firms who have self-certified and obtained third party certification Protests SBA may investigate the accuracy of any certification or representation made as it
relates to a specific WOSB/EDWOSB contract Only an interested party, SBA or a contracting officer may submit a protest A review will involve evaluation of documents uploaded in the repository and SBA may request additional documents and perform a site visit A protest must be submitted to the contracting officer within certain timeframes Any WOSB/EDWOSB found to be ineligible must remove designation in SAM; CO shall not award the contract
SBA reviews each protest and makes a final decision, which may be appealed to the Office of Hearings and Appeals Can only protest the ownership, control and economic disadvantage requirements Size protests are handled under 13 C.F.R. part 121 42 CERTIFY.SBA.GOV 43 Certify Home Page
Log in or registration for Government employees. Certify Use the link for Federal government employees on the Certify Home page. You must have a MAX.gov account. If you do not have one, visit MAX.gov and follow the instructions for creating an account and linking your PIV/CAC card. You must request account access and contractor must approve your request. 45
Steps to Request Access WOSB Records 1. Click on Request Access link on the left navigation bar. 46 Steps to Request Access WOSB Records 2. Search for a WOSB firm by entering a DUNS number in the text box and click the Search button. If vendor has not completed selfcertification, you will see a message the vendor has not
completed registrations. 47 Steps to Request Access WOSB Records 3. Complete the request form by entering the Solicitation number and NAICS fields, and select the Type of procurement box a. Read the authorization text b. Click the I accept box c. Click the Request
Access button 48 Steps to Review WOSB Records 1. Log in to certify.SBA.gov 2. Click the My Requests link on the left navigation bar IfIf vendor vendor has has not completed not completed selfselfcertification, certification,
the the View View column column will will be be blank. blank. 49 Steps to Review WOSB Records 3. In the View column, select which certification you would like to see using the WOSB or EDWOSB links.
50 Steps to Review WOSB Records 4. Review the self-certification summary 5. To view the supporting documents, click on the file name link 51 Contact US Visit the SBAs website: www.sba.gov/wosb For questions on the WOSB program, email [email protected] For technical questions on the WOSB Program Repository, please email [email protected]
52 Questions 53 SBA Quick Reference Summary of CFR Regulations SBA Size Regulations 13 CFR Part 121 HUBZone Regulations
13 CFR 126.616 SBA Certificate of Competency 13 CFR 125.5 Service-Disabled Veteran 13 CFR 125.15(b) 8(a) and SDB Regulations 13 CFR 124.513 Small Disadvantaged Business
13 CFR 124.1002(f) WOSB Program 13 CFR 127 SBA Prime Contracting 13 CFR 125.2 SBA Subcontracting 13 CFR 125.3 55 Types of SBA Contacts and Offices
A. SBA Government Contracting Area Offices 1. SBA Procurement Center Representatives (PCRs) 2. SBA Commercial Market Representatives (CMRs) B. SBA District Offices 1. Business Opportunity Specialists (BOS) C. SBA Regional Offices D. SBA Headquarters 56 Six SBA Government Contracting Areas SBA Government Contracting Areas at hyperlink: https://www.sba.gov/content/pcr-directory 57
D. SBA Quick Reference SBA Regional and District Offices Link to district offices at: http://www.sba.gov/about-offices-list/3 D. SBA Quick Reference - SBA District Offices, cont. To locate SBA 8(a) business development servicing office, check Dynamic Small Business Search at the link: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm and then local resources at the link http://www.sba.gov/tools/local-assistance/districtoffices E. SBA Quick Reference - SBA Headquarters 1. HUBZone status protests 13 CFR 126.801
FAR 19.306 2. NAICS code appeal FAR 19.30 3 13 CFR 121.1103 3. Non-manufacturer rule waivers 13 CFR 121.1204 4. SDVOSB status protest 13 CFR 125.23 FAR 19.102(f)(1)-(7) FAR 19.307 5. WOSB Program status protest
FAR 19.308/13 CFR 1275.600 How to Locate a Procurement Center Representative Find your PCR at https://www.sba.gov/content/pcr-directory
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