“Women-Owned Small Business (WOSB) - PowerPoint Presentation

Slide1

“Women-Owned

Small Business (WOSB)Federal Contract Program”

SBA 1

st

First Wednesday Virtual Learning 2017Slide2

Jan Kaiser, Procurement Center Representative

SBA Office of Government Contracting, Area IV, Chicago janis.kaiser@sba.gov (312) 353-7442 Deborah Crumity, Procurement Center Representative

SBA Office of Government Contracting, Area IV, Rock Island Arsenal

deborah.d.crumity.civ@mail.mil (309) 782-5734

HostsSlide3

Questions answered during the final 10 minutes.

Technical problems: Contact the moderator with a note or call AT&T Connect Support at 1-888-796-6118.Page numbers stated for those working off hard copies of the program.We cover the “SBA Quick Reference” as time allows.For more SBA training visit the SBA Learning Center website https://www.sba.gov/tools/sba-learning-center/search/training Welcome to “SBA Virtual Learning 2017”Slide4

Check this link for past programs:

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 Association of Procurement Technical Assistance Centers posts past “First Wednesday” programingSlide5

The program schedule above is for information only and is subject to change.

FY 2017

 Date

 Topic

1

October 5, 2016

Non-Manufacturer Rule

2

November 2, 2016

Market

Research: Using FPDS & DSBS3December 7, 2016New All SB Mentor-Protégé Program4January 11, 2017SBA Surveillance Reviews 20175February 1, 2017Certificate of Competency Program6March 1, 2017Historically Underutilized Business Zones 7April 12, 2017Subcontracting Plan Compliance 8May 3, 2017Woman Owned Small Business9June 7, 2017SBA’s Size Program 10July 12, 2017Small Business Legislative Updates11August 2, 20178(a) Business Development

FIRST WEDNESDAY VIRTUAL LEARNING SERIES – 2017 SCHEDULE

9:30 to 10:30 Central TimeSlide6

There are firms that require fee for services to assist small businesses in a variety of ways. Registration in SAM, proposal preparations, certifications (not authorized by SBA) and assistance in getting on GSA Federal Supply Schedules and more.

No government official should be promoting any individual business’ services or products as this implies endorsement of one firm over all others. The government has to remain impartial.  If you come across something that you think is great, encourage that firm to market itself, but do not market on their behalf.  The government, through the Department of Defense established the Procurement Technical Assistance Program (PTAP) which has centers throughout the country that do provide this and many other services – most of which are at no cost to a firm.CAUTION – Do not recommend fee for service (.com) firms for SAM registrationSlide7

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 participants in an excel document to sbalearning@sba.gov. One Continuous Learning PointSlide8

Presenter

Amy Kim WOSB Program Manager SBA Office of Government Contracting Phone: (202) 205-6915 Email: amy.kim@sba.govSlide9

www.sba.gov/wosb

Women-Owned Small Business (WOSB)Federal Contract Program9Slide10

WOSB Program OverviewPre-SolicitationPre-Award

Certify.SBA.govTopics Covered10Slide11

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 circumstancesSBA implements and administers the WOSB Program. SBA regulations provide the framework with SBA procedures incorporated in FAR. Overview of the WOSB Federal Contract Program11Slide12

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. WOSBs must provide their eligibility documents to WOSB Repository. COs must verify whether offerors have provided all the required documents. Unique Aspects of theWOSB Federal Contract Program12Slide13

Time

EventDecember 2000Public 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 2011New Federal Acquisitions Regulation (FAR) implements WOSB Program. Eligible industries limited to 83 based on the RAND report – 45 industries for WOSBs and 38 industries for EDWOSBs.December 2014NDAA 2015 provides sole source authority to the program, ended self-certification optionCertification process currently under review. December 2015Sole Source process implemented by new FAR.March 2016

Eligible Industries revised and expanded to

113 based on the new Department of Commerce Study. 36 new industries added to Program, 6 industries removed from Program, and 27 industries had designation changed (between WOSB and EDWOSB).

History of the WOSB Federal Contract

Program

13Slide14

WOSB and EDWOSB

WOSB: Women-Owned Small BusinessEDWOSB: Economically Disadvantaged Women-Owned Small Business; WOSBs whose owner and/or manager claims economic disadvantageEDWOSB is a subset of WOSB. As such, if you qualify as an EDWOSB, you automatically qualify as a WOSB. 14Slide15

WOSB and EDWOSB

15May an EDWOSB submit an offer on a set aside for WOSBs?Yes. EDWOSB is a subset of WOSB and automatically qualifies as WOSB. Slide16

Pre-solicitation

16Slide17

Set Aside Considerations

17ConsiderMarket research

Historical data

SB goal accomplishment Slide18

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. 365 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 set-asides. FAR 19.1505(a) & 19.1506(a). Important WOSB Considerations 18Slide19

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, at the time of their initial offer on the instant procurement. The list of required documents is provided in FAR 19.1503(c).

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 the WOSB Program Repository are advised to contact the SBA Office of Government Contracting at wosb@sba.gov."  Important WOSB Considerations 19Slide20

WOSB Set-Aside

20Slide21

EDWOSB Set-Aside

21Slide22

If NAICS code is authorized for WOSB, can the CO solicit a response from EDWOSB?

Yes. EDWOSB is a subset of WOSB and automatically qualifies as WOSB. WOSB and EDWOSB22Slide23

If the NAICS code is authorized for WOSB, can

the CO set procurement aside for EDWOSB? No. Separate NAICS codes are authorized for WOSB and EDWOSB. They do not overlap. WOSB and EDWOSB23Slide24

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.WOSB Sole Source24Slide25

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.EDWOSB Sole Source25Slide26

Answer: No because the NAICS code is authorized for EDWOSB.

I have a solicitation calling for the contractor to handle reorganization and delegation requests. NAICS Code 561410 – Document Preparation Services is assigned to the requirement. Market research results indicate that the rule of two can be met for WOSB set-asides. Can I do a set aside for WOSB? WOSB Set-Aside or Sole Source Examples26Slide27

Answer: No because the NAICS code is authorized under the WOSB Program.

Q: Our agency has a need for temporary help services. 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? WOSB Set-Aside or Sole Source Examples27Slide28

Answer: Yes because NAICS code is authorized for WOSB.

I have a requirement to obtain data concerning newly constructed and/or converted multifamily residential addresses. NAICS Code 511210 - Software Publishers is assigned to the procurement. Can I do a set aside for WOSB?WOSB Set-Aside or Sole Source Examples28Slide29

Answer: No because the total contract value exceeds the $4 million threshold.

I have a requirement to procure on-site ergonomics consultation and workstation evaluations. NAICS Code 541420 is assigned to a procurement with a total value of $5 million. Market research indicates that there is one EDWOSB that can meet the requirement. I have written J&A. Can I do a sole source to the EDWOSB?WOSB Set-Aside or Sole Source Examples29Slide30

Note:

JV agreement must be submitted to CO. SBA does not approve JV agreement but will adjudicate any protests!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 JV’s 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

A WOSB/EDWOSB may submit an offer as a

joint venture with another small business if the following requirements are metEligibility Requirements for Joint Ventures30Slide31

Pre-award

31Slide32

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 CO’s responsibility to check whether apparent successful offeror filed all the required docs to the WOSB Repository. FAR 19.1505(e) & 19.1503(b).Important Pre-Award Considerations32Slide33

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. SAM Representation FAR 52.219-133Slide34

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 the question when prompted. When CO’s 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, please 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. Complying with FAR 19.1505(e)34Slide35

Ways to Qualify as WOSB or EDWOSB

35Slide36

Self-Certified – Documents (WOSB)

CorporationLLCPartnershipSole ProprietorshipBirth certificate, naturalization paper or unexpired passport of woman owner

WOSB Program

Certification (Completed online – equivalent to SBA Form 2413)

Articles of

incorporation

Articles of

organization

Partnership

agreement

DBA name certificateBy-lawsOperating agreement  Stock certificates   Stock ledger   Voting agreements, if any   DBA name certificate, if applicable Joint venture agreement, if applicable 36Slide37

Self-Certified – Documents (EDWOSB)

CorporationLLCPartnershipSole ProprietorshipBirth certificate, naturalization paper or unexpired passport of woman owner

EDWOSB Program

Certification (Completed online – equivalent to SBA Form 2414)

Personal financial

statement (Completed online – equivalent to SBA Form 413)

Articles of

incorporation

Articles of

organization

Partnership agreementDBA name certificateBy-lawsOperating agreement  Stock certificates   Stock ledger   Voting agreements, if any   DBA name certificate, if applicable Joint venture agreement, if applicable 37Slide38

SBA accepts WOSB or EDWOSB certifications only from the following four entities:

El Paso Hispanic Chamber of CommerceNational Women Business Owners CorporationUS Women’s Chamber of CommerceWomen’s Business Enterprise National Council: WOSB only No USDOT DBE or State certifications are accepted. CorporationLLCPartnership

Sole

Proprietorship

WOSB or EDWOSB Program

Certification (Completed online in Certify.SBA.gov)

Current

TPC Certification

Third-Party Certified - Documents

38Slide39

8(a) Certified - Documents

CorporationLLCPartnershipSole ProprietorshipEDWOSB Program Certification (Completed online in Certify.SBA.gov)

Initial

8(a) Approval Letter

Most Recent

Annual Review Letter from SBA

C

ertifications

of eligibility in the 8(a) BD Program also satisfy eligibility

requirements

for the WOSB Program and need no further clarifications. 39Slide40

Any WOSB/EDWOSB found to be

ineligible must remove designation in SAM; CO shall not award the contract SBA may investigate the accuracy of any certification or representation made as it relates to a specific WOSB/EDWOSB contractOnly an interested party, SBA or a contracting officer may submit a protest A protest must be submitted to the contracting officer within certain timeframesCan only protest the ownership, control and economic disadvantage requirementsSize protests are handled under 13 C.F.R. part 121SBA reviews each protest and makes a final decision, which may be appealed to the Office of Hearings and Appeals Protests

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

A review will involve evaluation of documents uploaded in the repository and SBA may request additional documents and perform a site visit

Eligibility Examinations

SBA is committed to ensuring only eligible WOSBs benefit from the WOSB Federal Contract Program. T

he following tools ensure compliance with Program requirements:

Reviews and Protests

40Slide41

Certify.sba.gov

41Slide42

Log in or registration for Government employees.

Certify – Home PageSlide43

Use the link for Federal government employees on the Certify Home pageYou 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. Certify 43Slide44

1. Click on

Request Access link on the left navigation bar.Steps to Request Access WOSB Records44Slide45

If vendor has not completed self-certification, you will see a message “the vendor has not completed registrations.”

2. Search for a WOSB firm by entering a DUNS number in the text box and click the Search button.Steps to Request Access WOSB Records

45Slide46

3. Complete

the request form by entering the Solicitation number and NAICS fields, and select the Type of procurement boxa. Read the authorization text b. Click the I accept box c. Click the Request Access

button

Steps to Request Access WOSB Records46Slide47

If vendor has not completed self-certification, the View column will be blank.

1. Log in to certify.SBA.gov  2. Click the My Requests link on the left navigation barSteps to Review WOSB Records47Slide48

3. In

the View column, select which certification you would like to see using the WOSB or EDWOSB links. Steps to Review WOSB Records48Slide49

4. Review

the self-certification summary 5. To view the supporting documents, click on the file name linkSteps to Review WOSB Records49Slide50

Visit the SBA’s website:

www.sba.gov/wosb For questions on the WOSB program, email wosb@sba.gov For technical questions on the WOSB Program Repository, please email certify@sba.gov Contact US50Slide51

QuestionsSlide52

”SBA Quick

Reference”Slide53

Dynamic Small Business SearchSlide54

SBA

Size Regulations 13 CFR Part 121HUBZone

Regulations

13 CFR 126.616SBA Certificate of Competency 13 CFR 125.5Service-Disabled

V

eteran

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 127SBA Prime Contracting 13 CFR 125.2SBA Subcontracting 13 CFR 125.3Summary of CFR RegulationsSlide55

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 OfficesD. SBA HeadquartersTypes of SBA Contacts and OfficesSlide56

Six SBA Government Contracting Areas at

hyperlink: https://www.sba.gov/content/pcr-directorySlide57

1. Size protests (with recertification) FAR 19.302

13 CFR 121.1001 13 CFR 121.10102. Locating nearest SBA staffer FAR 19.4 3. Certificate of Competency FAR 19.6 13 CFR 125.54. COC Limitations on Subcontracting Compliance FAR 19.601 13 CFR 125.6(f)5.

Receiving copies subcontracting plans

FAR 19.705-6

A. SBA Quick Reference - SBA Area OfficesSlide58

FAR 19.402  Small Business Administration procurement center representatives.

(a)(1) The SBA may assign one or more procurement center representatives to any contracting activity or contract administration office to carry out SBA policies and programs…(2) If a SBA procurement center representative is not assigned to the procuring activity or contract administration office, contact the SBA Office of Government Contracting Area Office…..

(b) Upon their request and subject to applicable acquisition and security regulations, contracting officers shall give SBA procurement center representatives….access to all reasonably obtainable contract….

B. SBA Quick Reference -SBA Procurement Center Representatives (PCRs)Slide59

1. SBA PCR coordination records FAR 19..501(b)   

13 CFR 125.22. Small business set-aside appeals FAR 19.505 13 CFR 125.2(b)(7)3. HUBZone set-aside appeals FAR 19.1305 FAR 19.1306 13 CFR 126.614. SDVOSB set-aside appeal FAR 19.1405 FAR 19.1406 13 CFR 125.225. Reporting bundling to SBA (MATOCs) FAR 19.202-1(e)(1) 13 CFR 125.26. SBA subcontracting plan reviews-copies FAR 19.705-5(3) 13 CFR 125.2(b)(6)(iii)

FAR 19.705-6(c)

13 CFR 125.2(b)(6)(iii)(C)7. SBA subcontracting program review FAR 19.707(4)

13 CFR 125.2(b)(6)(iii)(C)

8. Small business TFD FAR 49.402-3 (e)(4))

(Termination for default)

9. Surveillance review of agency contracting

B. SBA Quick Reference SBA PCRs, cont

.Slide60

Agency

FormTitle1

Commerce

CD 570

Small Business Set-aside Review

2

Defense

2579

Small Business Coordination Record

3

Energy4220.2Small Business Review Form4GSA2689Small Business Analysis Record 5HHS653Small Business Review Form6Homeland Security700-22Small Business Review Form7Interior1886Acquisition Screening and Review Form8

Labor

DL1-2004

Small Business Procurement Determination

9

NASA

NF 1787

Small Business Review Sheet

10

State

DS-1910

Small Business Clearance Form

11

Transportation

4250

Small Business Program Review Form

12

USDA

AD-1205

Small Business Program – Procurement Review

13

VA

2268

Procurement Request Review For Small Business…

Small

Business Coordination Forms Sent To

SBA

PCRsSlide61

19.705-6 Postaward responsibilities of the contracting officer. …

: Notifying the SBA of the award by sending a copy of the award document to the Area Director, Office of Government Contracting, in the SBA area office where the contract will be performed.(c) Giving to the SBA procurement center representative….a copy of— (1) Any subcontracting plan submitted in response to a sealed bid solicitation; and (2) The final negotiated subcontracting plan that was incorporated into a negotiated contract or contract modification. (d) Notifying the SBA procurement center representative…. of the opportunity to review subcontracting plans in connection with contract modifications. Document that you have provided SBA Area Directors with copies of subcontracting plansSlide62

Prime contractor portfolio management 13 CFR 125.3

Reviews of subcontracting plan holders 13 CFR 125.3

Matchmaking 13 CFR 125.3

SBA SUB-Net link at: http://www.sba.gov/content/sub-net

SBA Subcontracting Opportunities Directory link at:

http://www.sba.gov/subcontracting-directory

“SBLO Handbook” link at:

http://www.sba.gov/content/small-business-liaison-officer-

handbook

C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at:

https://www.sba.gov/content/cmr-directorySlide63

Link to district offices at:

http://www.sba.gov/about-offices-list/3D. SBA Quick Reference – SBA Regional and District OfficesSlide64

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/districtofficesD. SBA Quick Reference - SBA District Offices, cont

.Slide65

1. HUBZone status protests FAR 19.306 

13 CFR 126.8012. NAICS code appeal FAR 19.30 3 13 CFR 121.11033. Non-manufacturer rule waivers FAR 19.102(f)(1)-(7) 13 CFR 121.12044. SDVOSB status protest FAR 19.307 13 CFR 125.23

5. WOSB Program status protest FAR 19.308/13 CFR 1275.600

E. SBA Quick Reference - SBA HeadquartersSlide66

FAR 19.102 (f ):

No class waiver to NMR? Check out an individual waiver*Slide67

A.

If you find no class waivers, an SBA individual waiver to the Nonmanufacturer Rule (NMR) may help you to achieve small business goals if*:B. A waiver for a set-aside is not needed when:1. One small business manufacturer: * Small business set-aside2. Small business manufacturer, brand specific of any dollar size with FAR 6 justification: * Small business set-aside

3. Large business, brand specific (or brand equivalent) requirement $25,000 or less with FAR 6:

* Small business set-aside

C. GSA schedule

: Use the closest code listed on the schedule. Then same as above if no class waiver.

D. Exception to “NMR” if procurement $25,000 or less

.*

(FAR 19.102 (f)(7)(B)) *note: THE far HAS NOT BEEN UPDATED TO AGREE WITH THE sba’S CHANGE IN maY 2016 TO $150k OR LESS IN 13 cfr 125.6Slide68

The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail

to nmrwaivers@sba.gov. NMR Program OfficeSlide69

SBA

1st First Wednesday Virtual Learning 2017

Find your PCR at

https://www.sba.gov/content/pcr-directory