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Published on October 29, 2007

Author: Abbott

Source: authorstream.com

SBA Contracting Assistance Programs:  SBA Contracting Assistance Programs 8(a) Business Development Program HUBZone Program Small Disadvantaged Business Program Federal Government Contracting Assistance SBA’s 8(a) Business Development Program:  SBA’s 8(a) Business Development Program Federal Government Contracting Assistance 8(a) BD Program Objectives:  8(a) BD Program Objectives (Sec. 204 of Public Law 100-656) “to promote the business development of small business concerns owned and controlled by socially and economically disadvantaged individuals…” Federal Government Contracting Assistance Term of Participation Start Date is Date of Approval:  Term of Participation Start Date is Date of Approval Year 1 2 developmental 3 stage 4 Year 5 6 transitional 7 stage 8 9 Continuation in the program is dependent on the firm’s continuing eligibility as a socially and economically disadvantaged owned/operated firm and continued compliance with the 8(a)BD participation agreement. Federal Government Contracting Assistance Personal Eligibility Criteria:  Personal Eligibility Criteria Social Disadvantage Economic Disadvantage Federal Government Contracting Assistance Social Disadvantage:  Social Disadvantage Subjected to racial or ethnic prejudice or culture bias because of their identities as member of groups, without regard to individual qualities. Federal Government Contracting Assistance Socially Disadvantaged Determinants:  Socially Disadvantaged Determinants Individuals are presumed to be socially disadvantaged if they are a U.S. Citizen and a member of one of the following groups: Black American Asian Pacific American Hispanic American (includes individuals of Spanish & Portuguese descent). Native American Subcontinent Asian American Federal Government Contracting Assistance Requirements for Persons Not Members of Designated Group:  Requirements for Persons Not Members of Designated Group Establish their case by a preponderance of the evidence; The disadvantage may stem from race, ethnic origin, gender, physical handicap, long term environmental isolation, or other similar causes; The applicant must have personally suffered disadvantage in the United States; The disadvantage must be substantial & chronic; The discrimination must have negatively impacted on business advancement . Federal Government Contracting Assistance Non-Members of Designated Groups:  Non-Members of Designated Groups Substantial & chronic; Discrimination must have negatively impacted on business advancement . Federal Government Contracting Assistance Types of Evidence for Preponderance:  Types of Evidence for Preponderance Documentary evidence which corroborates or supports assertions made by an applicant such as: Personnel Records • Payroll Records Rejection letters on job applications. •Financial statements. Denials of credit applications. Documents relating to rejected contract offers, i.e., bid abstracts, solicitations. Contemporaneous records memorializing meetings, conversations, negotiations, telephone calls, etc. Documents setting forth company policy(ies) which are alleged to be discriminatory. Federal Government Contracting Assistance Net Worth Criterion: After excluding the individual’s equity in the firm and equity in the primary residence, net worth may not exceed $250,000.00:  Net Worth Criterion: After excluding the individual’s equity in the firm and equity in the primary residence, net worth may not exceed $250,000.00 Net Worth less equity in primary residence less equity in business = adjusted net worth (which cannot exceed $250,000) Federal Government Contracting Assistance Economically Disadvantaged :  Economically Disadvantaged Individuals are socially disadvantaged persons whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit. Federal Government Contracting Assistance Business Eligibility Criteria:  Ownership Control and Management Size Potential for Success Good Character Federal Government Contracting Assistance Business Eligibility Criteria What Determines Ownership?:  What Determines Ownership? At least 51% unconditional ownership by the disadvantaged person(s). Partnerships: Agreements must reflect unconditional ownership. Limited Liability Company: Disadvantaged individuals must own at least 51% of each class of member interest. Federal Government Contracting Assistance Corporate Ownership Determination:  Corporate Ownership Determination Corporations: Disadvantaged persons must own at least 51% of each class of voting stock and at least 51% of all outstanding stock. Stock option plans for nondisadvantaged individuals will be viewed as if they have been exercised . Federal Government Contracting Assistance Control and Management Determination:  Control and Management Determination Partnerships: Agreements must reflect unconditional management by disadvantaged partner(s) Limited Liability Company: One or more disadvantaged individuals must serve as management members with unconditional control. Federal Government Contracting Assistance Corporate Control and Management Determinants:  Corporate Control and Management Determinants Corporations: Disadvantaged directors of the board must control the board by actual number of votes and must be able to establish a quorum without the presence of non-disadvantaged directors. Federal Government Contracting Assistance Disadvantaged Individual must::  Disadvantaged Individual must: Hold the position of President or Chief Executive Officer, Managing Partner or LLC Managing Member Be the highest compensated individual Have the ability to Hire and Fire Set Policies Have the ability to commit firm to contracts Have the ability to the control Budget and Financial Disbursement Federal Government Contracting Assistance Size Determinants:  Size Determinants Firms Must be Small Based on Their Primary SIC Code, Including Affiliates Size is determined either by: average 3 years revenues # of employees (manufacturers, dealers, wholesalers) See 13 CFR 121 Size Regulations or visit our website: www.sba.gov/size Federal Government Contracting Assistance Factors Considered for Potential Success:  Factors Considered for Potential Success Factors considered: Proof of two years operation in the firm’s primary industry as verified by revenues reported in business tax returns. Financial capability: sufficient capitalization, financial performance, bonding capacity, manageable debts. Managerial and Technical capability: performance on previous contracts, firm has the necessary personnel, licenses, certifications, facilities, prior experience. Federal Government Contracting Assistance Other Factors Considered for Potential Success:  Other Factors Considered for Potential Success Management capability: Education, experience and training of CEO and other managers, magnitude and complexity of past/current jobs, management systems. Qualifications for ability to perform on Federal contracts: relevant contracting experience and the ability to meet Federal procurement policies. Federal Government Contracting Assistance Conditions for Waiving the Two-Year Rule:  Conditions for Waiving the Two-Year Rule The individual or individuals upon whom eligibility is to be based have substantial and demonstrated business management experience; The applicant has demonstrated technical expertise to carry out its business plan with a substantial likelihood for success if admitted to the 8(a) BD Program; The applicant has adequate capital to carry out its business plan as a Participant; Federal Government Contracting Assistance Other Conditions for Waiving the Two-Year Rule:  Other Conditions for Waiving the Two-Year Rule The applicant has a record of successful performance on contracts from governmental and nongovernmental sources in the primary industry category; The applicant has, or can demonstrate its ability to timely obtain the personnel, facilities, equipment, and any other requirements needed to perform such contracts as a Participant. Federal Government Contracting Assistance Ineligible Business Factors:  Ineligible Business Factors Ineligible businesses: brokers; debarred or suspended persons or concerns; nonprofit organizations. Franchises may be allowed contingent upon SBA review of the franchise agreement. A business may participate only once. Even if ownership and control has completely changed, firm may not re-apply. Any person who has used his/her disadvantaged status to qualify another firm shall be regarded as non disadvantaged. Federal Government Contracting Assistance Benefits of Participation:  Benefits of Participation Sole Source Contracts: Up to $3 million for services and construction and $5 million for manufacturing. Competitive threshold: When the estimated value (including options) exceeds $3 million for services and construction and $5 million for manufacturing, requirement will be competed among 8(a)BD firms. Federal Acquisition Regulations (FAR): Apply to and govern 8(a)BD contracts. Federal Government Contracting Assistance Filing Applications:  Filing Applications Applications for the 8(a)BD program are filed with the Division of Program Certification & Eligibility (DPCE) Unit that services the Federal Region containing your state. For assistance in determining your Federal Region, contact the SBA District Office servicing your locality or state. Federal Government Contracting Assistance Philadelphia DPCE - Regions 1 & 3 900 Market Street, 5th Floor Philadelphia, PA 19107 (215) 580-2779 Dallas DPCE - Regions 5, 6 & 7 4300 Amon Carter Blvd, Suite 116 Ft. Worth , TX 76155 (817) 684-5315 San Francisco DPCE - Regions 2, 4, 8, 9 & 10 455 Market Street, 6th Floor San Francisco, CA 94105 (415) 744-0328:  Philadelphia DPCE - Regions 1 & 3 900 Market Street, 5th Floor Philadelphia, PA 19107 (215) 580-2779 Dallas DPCE - Regions 5, 6 & 7 4300 Amon Carter Blvd, Suite 116 Ft. Worth , TX 76155 (817) 684-5315 San Francisco DPCE - Regions 2, 4, 8, 9 & 10 455 Market Street, 6th Floor San Francisco, CA 94105 (415) 744-0328 Processing Centers Federal Government Contracting Assistance Expectations of Program Participants:  Expectations of Program Participants Self marketing to federal procurement agencies. Submission and annual update of business plan. Access to company records by SBA. Informing SBA of any changes affecting 8(a)BD eligibility, i.e. changes in business structure, ownership, etc. Federal Government Contracting Assistance Additional Expectations of Program Participants:  Additional Expectations of Program Participants Submission of year end financial statements and annual tax returns. Participation in business development training opportunities and networking offered by SBA. Staying current in financial obligations to the Federal Government. Federal Government Contracting Assistance Small Disadvantaged Business (SDB)Program:  Federal Government Contracting Assistance Small Disadvantaged Business (SDB)Program Purpose for SDB Certification :  Purpose for SDB Certification Reform the SDB certification process Ensure that only eligible firms receive SDB program benefits Establish a formal process at the front end to determine SDB eligibility No longer rely on firms’ self-certification Federal Government Contracting Assistance SDB Program Benefits:  SDB Program Benefits When competing for government contracts, SDBs in industries that show the ongoing effects of discrimination will be able to: participate in Federal SDB price evaluation adjustments (up to 10%) other evaluation factors or sub-factors Set-aside programs Federal Government Contracting Assistance Other SDB Program Benefits:  Other SDB Program Benefits Subcontracting opportunities as authorized under SBA’s section 8(d) subcontracting program. Remain on the SBA maintained list of certified SDBs for a period of three years from the date of certification. Federal Government Contracting Assistance When Price Evaluation Applies:  In competitive acquisitions Shall not be used in acquisitions that- - Are not greater than the acquisition threshold - Are awarded pursuant to the 8(a) program - Are set aside for small business concerns. Federal Government Contracting Assistance When Price Evaluation Applies SBA’s Role:  SBA’s Role Certify all qualified concerns requesting SDB certification Decide protests and appeals Maintain a national public on-line registry of certified SDBs for access by contracting officers and the general public Federal Government Contracting Assistance SBA Field Offices:  SBA Field Offices Provide information and required application forms to any firm interested in SDB certification Federal Government Contracting Assistance SDB Certification Process:  SDB Certification Process Applications must be submitted to SBA Applicants notified in 15 days whether the application is complete and suitable for evaluation Ownership and control decision within 30 days of receipt of a complete application package Federal Government Contracting Assistance SDB Application:  SDB Application SBA Form 1010 SBA Form 413 IRS Form 4506 Federal Government Contracting Assistance Reapplying for SDB Certification:  Reapplying for SDB Certification Firms may reapply 12 months after final decision of SBA to decline its application If it is determined that the firm is not owned and controlled by individual(s) claiming disadvantaged status and no appeal is filed with SBA’s Office of Hearings and Appeals, a firm may apply for a new ownership and control determination at any time Federal Government Contracting Assistance HUBZones (Historically Underutilized Business Zone Program):  Develops historically underutilized urban and rural areas Establishes federal award preferences for small businesses Lists qualified businesses on PRO-Net® Information is available at www.sba.gov/hubzone HUBZones (Historically Underutilized Business Zone Program) Federal Government Contracting Assistance The HUBZone Empowerment Contracting Program :  The HUBZone Empowerment Contracting Program Community Based: Empowerment Employment Enterprise Federal Government Contracting Assistance Purpose of the HUBZone Program:  Purpose of the HUBZone Program Provide federal contracting assistance for qualified small business concerns located in historically underutilized business zones to: Increase employment opportunities Stimulate capital investment in those areas Empower communities through economic leveraging and the “multiplier effect” Federal Government Contracting Assistance Qualified Areas :  Qualified Areas Qualified Census Tracts (HUD) - 7,000 Qualified Non-metropolitan Counties - 900 Median household income is less than 80% of the non-metropolitan state median household income (Census) Unemployment rate that is not less than 140% of the state-wide average unemployment rate (BLS) Indian reservations (external boundary) Federal Government Contracting Assistance Goaling :  Goaling Based upon a percentage of the total value of federal prime contract awards 1999 - 1% 2000 - 1.5% 2001 - 2% 2002 - 2.5% 2003 - 3% and each year thereafter Federal Government Contracting Assistance Requirements to be a Qualified HUBZone SBC:  Requirements to be a Qualified HUBZone SBC Four Requirements Must be a small business Concern must be owned and controlled only by U.S. citizens The principal office of the concern must be located in a HUBZone; and At least 35% of the concern’s employees must reside in a HUBZone Federal Government Contracting Assistance The Certification Process :  The Certification Process Fully electronic, Internet-based Integrated with Pro-Net SBA will not process incomplete packages Processing time - 30 days SBA may request additional information or clarification any time after submission SBA’s decision will be in writing Federal Government Contracting Assistance Program Examinations :  Program Examinations Eligibility verification Scope of review Verification: eligibility requirements at time of application and examination location, ownership & employment percentage requirements Time frame - when notified of a possible material change in status or random, at the discretion of SBA Federal Government Contracting Assistance Contractual Assistance Procurement Methods :  Contractual Assistance Procurement Methods Set-aside awards Sole source awards Awards through full and open competition after application of a price preference in favor of the HUBZone SBC Federal Government Contracting Assistance Requirements Not Available for HUBZone Set-aside :  Requirements Not Available for HUBZone Set-aside Federal Prison Industries (FPI) Javits-Wagner-O’Day Act (JWOD) Current 8(a) requirements Micro Purchase requirements - for $2,500 or less Federal Government Contracting Assistance Website and Mapping Capability:  Website and Mapping Capability www.sba.gov/hubzone Identification of qualified areas: Non-metropolitan counties Census tracts Indian reservations EZ/EC s etc. Federal Government Contracting Assistance The HUBZone Empowerment Contracting Program:  The HUBZone Empowerment Contracting Program For further information contact : Michael P. McHale, Asst.Admin. Office of Procurement Policy and Liaison , SBA Office of Government Contracting e-mail: michael.mchale@sba.gov (tel) (202) 205-6731 (fax) (202) 205-7324 Federal Government Contracting Assistance

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