“Exceeding Your Goals” “Thinking Over Bundled and ... · [email protected] “Exceeding...
Transcript of “Exceeding Your Goals” “Thinking Over Bundled and ... · [email protected] “Exceeding...
“Exceeding Your Goals”
“Thinking Over Bundled and Consolidated
Contracts”
Janis Kaiser, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Chicago
Procurement Center Representative (PCR) link:
https://www.sba.gov/content/pcr-directory
Janis Kaiser, PCR
SBA Office of Government Contracting, Area IV, Chicago
(312) 353-7442
Valerie Coleman, PCR
SBA Office of Government Contracting, Area V, Houston
[email protected] or [email protected]
281-483-1549
Dwight A. Johnson, PCR
SBA Office of Government Contracting, Area IV, Omaha
(402) 221-7206
Reminders:
1. Use the correct NAICS codes for Women-Owned Small Business
set-asides by checking www.sba.gov/wosb.
2. SBA only approves 8(a) JV agreements at this time. Do not state
in your solicitation that a JV or teaming agreement must be
approved by SBA.
1. Size protests FAR Part 19.3
2. SBA staff FAR Part 19.4
3. Certificates of Competency FAR Part 19.6
4. Subcontracting plans FAR Part 19.7
SBA Area Directors, Office of Government Contracting
(https://www.sba.gov/content/pcr-area-directors
1. Answering questions begins during the final 10 minutes. Or
contact [email protected]
2. Technical problems? Contact the moderator with a note or call
AT&T Connect Support at 1-888-796-6118.
3. We state page numbers for those working of hard copies of the
program.
4. We cover the “SBA Quick Reference” as time allows.
5. Participation is limited to federal acquisition and related staff,
SBA, and Procurement Technical Assistance Center (PTAC) staff.
Your nearest PTAC: (http://www.aptac-us.org/)
Welcome to “SBA Virtual Learning 2016”
FY 2016 Topic Presenters SBA Area
1 October 7, 2015 8(a) Business
Development
Jackquline
Robinson-Burnette HDQTRS
2 November 4, 2015 Women-Owned Small
Business Ken Silvia III
3 December 2, 2015 SBA Surveillance
Reviews 2016 Valerie Coleman V
4 January 6, 2016 Consolidation/Bundling Jan Kaiser IV
5 February 3, 2016 SDVOSB Keith Waye I
6 March 2, 2016 Partial SB Set-Asides Jan Kaiser IV
7 April 6, 2016
Market Research:
Dynamic Small Bus
Search
Valerie Coleman V
8 May 4, 2016 HUBZones Mariana Pardo HDQTRS
9 June 1, 2016 SBA Size Standards David Gordon IV
10 July 13, 2016 Nonmanufacturer Rule Janice Nietes VI
11 August 3, 2016 SBA Subcontracting
Assistance (CMRS) Stephanie Lewis V
12 August 17, 2016 Special TBD: Limitations
on Subcontracting TBD HDQTRS
1102 FIRST WEDNESDAY VIRTUAL LEARNING SERIES 2016”
9:30 to 10:30 Central Time
Self-service: Fill in your name on the certificate slide and save.
Phoning in only? Send an email immediately to [email protected] to
verify your participation. If you listen in groups, send emails fo
participants in an excel document.
Post program email. This contains a time sensitive .wmv recording, a
transcript of the program, along with another copy of the program
PowerPoint.
Welcome and thank-you for your support of small business.
One Continuous Learning Point
“Exceeding Your Goals”
“Thinking Over Bundled and Consolidated
Contracts”
Janis Kaiser, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Chicago
Definitions, FAR 2.101 – “Contract”
“Contract” means a mutually binding legal relationship obligating the seller
to furnish the supplies or services (including construction) and the buyer to
pay for them.
It includes all types of commitments that obligate the Government to an
expenditure of appropriated funds….
In addition to bilateral instruments, contracts include….job orders or task
letters issued under basic ordering agreements; letter contracts; orders, such
as purchase orders, under which the contract becomes effective by written
acceptance or performance; and bilateral contract modifications.
For discussion of various types of contracts, see Part 16.
13 CFR §125.1 Definitions of
“consolidation”
(c) Consolidation of contract requirements, consolidated contract, or
consolidated requirement means a solicitation for a single contract or a
Multiple Award Contract to:
(1) Satisfy two or more requirements of the Federal agency for goods or
services that have been provided to or performed for the Federal agency
under two or more separate contracts each of which was lower in cost than
the total cost of the contract for which the offers are solicited, the total cost
of which exceeds $2 million (including options); or
(2) Satisfy requirements of the Federal agency for construction projects to
be performed at two or more discrete sites.
Bundled contracts
Consolidated contracts
Bundled
contracts are
a subset of
consolidated
contracts:
All bundled
contracts are
consolidated
contracts.
Bundled and consolidated contracts
Definitions, FAR 2.101 – “Bundling”
(1) Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to-
(i) The diversity, size, or specialized nature of the elements of the performance specified;
(ii) The aggregate dollar value of the anticipated award;
(iii) The geographical dispersion of the contract performance sites; or
(iv) Any combination of the factors described in paragraphs (1)(i), (ii), and (iii) of this definition.
12
Definitions, FAR 2.101 – “Bundling”,
continued (2) “Separate smaller contract” as used in this definition, means a contract that has been performed by one or more small business concerns or that was suitable for award to one or more small business concerns.
(3) “Single contract” as used in this definition, includes-
(i) Multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources (see FAR 16.504(c)); and
(ii) An order placed against an indefinite quantity contract under a-
(A) Federal Supply Schedule contract; or
(B) Task-order contract or delivery-order contract awarded by another agency (i.e., Government wide acquisition contract or multi-agency contract).
(4) This definition does not apply to a contract that will be awarded and performed entirely outside of the United States.
13
Structuring the Requirement
Acquisition planners, to the maximum extent
practicable, shall
(1) Structure contract requirements to facilitate
competition by and among small business concerns;
and
(2) Avoid unnecessary and unjustified bundling that
precludes small business participation as
contractors
FAR 7.103(u)
15
Market Research
If an agency contemplates awarding a bundled
contract, the agency should consult with the local
Small Business Administration (SBA) procurement
center representative (PCR). If a PCR is not
assigned, contact the SBA Office of Government
Contracting Area Office serving the area in which
the procuring office is located.
The PCR directory is at:
https://www.sba.gov/content/pcr-directory
FAR 10.001(c)(1)
16
Market Research (cont’d)
Conduct market research to determine
whether bundling is necessary and
justified. Market research may indicate
that bundling is necessary and justified if
an agency or the Government would
derive measurably substantial benefits
FAR 7.107(a) and 15 U.S.C. 644(e)(2)
17
Benefit Analysis
The contracting officer must justify bundling in
acquisition strategy documentation.
In assessing whether cost savings would be achieved
through bundling, the contracting officer must
consider the cost that has been charged or, where
data is available, could be charged by small
business concerns for the same or similar work.
18
Benefit Analysis
Without power of delegation, the service acquisition
executive for the military departments, USD(AT&L)
for DoD, or the Deputy Secretary or equivalent for
the civilian agencies may determine that bundling is
necessary and justified when—
(1) The expected benefits do not meet the thresholds of
measurably substantial but are critical to the agency’s
mission success; AND
(2) The acquisition strategy provides for maximum
practicable participation by small business concerns.
FAR 7.107(c)
19
Benefit Analysis
The agency must quantify the identified benefits
and explain how their impact would be measurably
substantial.
Reduction of administrative or personnel costs alone
is not sufficient justification for bundling unless the
cost savings are expected to be at least 10 percent
of the estimated contract or order value (including
options) of the bundled requirements.
FAR 7.107(b) and (d)
20
Bundling and consolidation may provide
substantial benefits to the Government.
However, because of the potential impact on small
business participation, market research must be
conducted to determine whether bundling is
necessary and justified.
Market research may indicate that bundling is
necessary and justified if an agency or the
Government would derive measurably substantial
benefits.
Measurably Substantial Benefits
Measurably substantial benefits may include,
individually or in any combination or aggregate,
cost savings or price reduction,
quality improvements that will save time or improve or
enhance performance or efficiency,
reduction in acquisition cycle times,
better terms and conditions, and
any other benefits.
FAR 7.107(b)
22
FAR 7.107(b) and 13 CFR 125.2(d)
If value is greater than $94M (including options), then benefits must be at least 5% of estimated contract
If value is $94M or less (including options), cost savings must be at least 10% of estimated contract value
The agency may determine bundling (and
consolidation) to be necessary and justified if, as
compared to not bundled, it would derive measurably
substantial benefits equivalent to –
Measurably Substantial Benefits
(cont’d)
Substantial Bundling
The Benefit Analysis in the AQ Strategy is much
more detailed when it involves Substantial Bundling.
That is if the estimated contract or order value is—
(A) $8 million or more for the Department of
Defense;
(B) $6 million or more for the National Aeronautics
and Space Administration, the General Services
Administration, and the Department of Energy; and
(C) $2.5 million or more for all other agencies.
FAR 7.107(e)
24
Acquisition Strategy
The small business specialist shall notify the agency
Office of Small and Disadvantaged Business
Utilization if the strategy involves contract bundling
that is unnecessary, unjustified, or not identified as
bundled by the agency.
If the strategy involves substantial bundling, the
small business specialist shall assist in identifying
alternative strategies that would reduce or minimize
the scope of the bundling.
25
Acquisition Plan
The planner shall coordinate the acquisition plan or
strategy with the cognizant small business specialist
when the strategy contemplates an acquisition
meeting the dollar amounts for substantial bundling
unless the contract or order is entirely reserved or
set-aside for small business under Part 19.
It remains a consolidated contract.
Prior to Release of the Solicitation
AT least 30 days before release of the solicitation
or 30 days prior to placing an order without a
solicitation the KO --
(i) Must notify any affected incumbent small business
concerns of the Government’s intention to bundle the
requirement; and
(ii) Should notify any affected incumbent small
business concerns of how the concerns may contact
the appropriate Small Business Administration
representative. FAR 10.001(c)(2)
27
Prior to Release of the Solicitation
Provide a copy of the proposed acquisition package to the SBA
procurement center representative at least 30 days prior to the issuance of
the solicitation if –
(i) The proposed acquisition is for supplies or services currently being
provided by a small business and the proposed acquisition is of a quantity
or estimated dollar value, the magnitude of which makes it unlikely that
small businesses can compete for the prime contract;
(ii) The proposed acquisition is for construction and seeks to package or
consolidate discrete construction projects and the magnitude of this
consolidation makes it unlikely that small businesses can compete for the
prime contract….
FAR 19.202-1(e)
Prior to Release of the Solicitation
The proposed acquisition is for a bundled requirement.
The contracting officer shall provide
all information relative to the justification of contract
bundling, including the acquisition plan or strategy, and
if the acquisition involves substantial bundling, the
information identified in 7.107(e). When the acquisition
involves substantial bundling, the contracting officer
shall also provide the same information to the agency
Office of Small and Disadvantaged Business Utilization.
FAR 19.202-1(e)
29
Bundling Acquisition Documentation
The contracting officer also must provide a statement
to the SBA explaining why the --
(i) Proposed acquisition cannot be divided into
reasonably small lots to permit offers on quantities
less than the total requirement;
(ii) Delivery schedules cannot be established on a
realistic basis that will encourage small business
participation to the extent consistent with the actual
requirements of the Government;
FAR 19.202-1(e)
30
Bundling Acquisition Documentation
(iii) Proposed acquisition cannot be structured so as
to make it likely that small businesses can compete
for the prime contract;
(iv) Consolidated construction project cannot be
acquired as separate discrete projects; or
(v) Bundling is necessary and justified.
FAR 19.202-1(e)
31
SBA information required.
13 CFR 125.2 (b)(i)(E)
PCRs will review whether, for bundled and consolidated contracts that
are recompeted to see that:
•The amount of savings (5% or 10%) and benefits was achieved under
the prior bundling or consolidation of contract requirements,
•That such savings and benefits will continue to be realized if the
contract remains bundled or consolidated, or
•Such savings and benefits would be greater if the procurement
requirements were divided into separate solicitations suitable
for award to small business concerns.
•Provide the previous bundling/consolidation memoranda
Required Information for SBA Regarding
Recompetes of Consolidated or Bundled Contracts
Rejection of SBA Recommendation
If the contracting officer rejects the SBA
representative’s recommendation, the contracting
officer shall document the basis for the rejection
and notify the SBA representative in accordance
with 19.505.
“SBA Form 70”
34
Consolidated and Bundled Contracts and
Source Selection
For BUNDLING, factors are to be included measuring–
Small business participation
Past performance in subcontracting
FAR Case 2014–015 adds this requirement for
consolidations and is in line for publishing in the FAR.
Otherwise, refer to 13 CFR 125.2 and 125.3.
Dated reference:
http://www.acq.osd.mil/osbp/docs/benefits_analysis_guide
book.pdf
Proposed Changes
June 3, 2015 Federal Register
proposed rule on “Consolidation and Bundling of
Contract Requirements” (Bundling Rule)
Revises the definition of ‘‘bundling’’ and adds a new
definition for ‘‘consolidation, consolidation of contract
requirements, consolidated contract, or consolidated
requirement’’
Addresses the consolidation of construction
requirements
36
Proposed Changes (cont’d)
Adds a definition for ‘‘small business teaming
arrangement’’
Clarifies that agencies are to ensure that
unnecessary and unjustified consolidation is
avoided
Clarifies that small business is to be a discipline that is
represented in the acquisition planning team
Clarifies that if a requirement is considered both
consolidated and bundled, the agency must follow the
guidance regarding bundling
37
Dynamic Small Business Search is alive and
well. Link:
http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm
Dynamic Small Business Search
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
Summary of CFR regulations
A. SBA Government Contracting Area Offices
B. SBA Procurement Center Representatives (PCRs)
C. SBA Commercial Market Representatives (CMRs)
D. SBA District Offices
E. SBA Headquarters
41
FIVE TYPES OF SBA CONTACTS & OFFICES
1. Size protests (with recertification) FAR 19.302
13 CFR 121.1001
13 CFR 121.1010
2. Locating nearest SBA staffer FAR 19.4
3. Certificate of Competency FAR 19.6
13 CFR 125.5
4. 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 Offices
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)
1/21/2016 1:32 PM
1. SBA PCR coordination records FAR 19..501(b)
13 CFR 125.2
2. 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 126.61
4. SDVOSB set-aside appeal FAR 19.1405
FAR 19.1406
13 CFR 125.22
5. Reporting bundling to SBA (MATOCs) FAR 19.202-1(e)(1)
13 CFR 125.2
6. 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.
45
Agency Form Title
1 Commerce CD 570 Small business set-aside review
2 Defense 2579 Small business coordination record
3 Energy 4220.2 Small Business Review form
4 GSA 2689 Small Business Analysis Record
5 HHS 653 Small business review form
6 Homeland Security 700-22 Small business review form
7 Interior 1886 Acquisition screening and review form
8 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 PCRs
46
19.705-6 Postaward responsibilities of the contracting officer. …:
(a) 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 plans
1. Prime contractor portfolio management 13 CFR 125.3
2. Reviews of subcontracting plan holders 13 CFR 125.3
3. Matchmaking 13 CFR 125.3
4. SBA SUB-Net link: http://www.sba.gov/content/sub-net
5. SBA Subcontracting Opportunities Directory link:
http://www.sba.gov/subcontracting-directory
6. “SBLO Handbook” link: http://www.sba.gov/content/small-
business-liaison-officer-handbook
C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link:
(https://www.sba.gov/content/cmr-directory)
Link to district offices: http://www.sba.gov/about-offices-list/3
D. SBA Quick Reference – SBA Regional and District Offices
To locate SBA 8(a) 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
D. SBA Quick Reference - SBA District Offices, cont.
1. HUBZone status protests FAR 19.306
13 CFR 126.801
2. NAICS code appeal FAR 19.30 3
13 CFR 121.1103
3. Non-manufacturer rule waivers FAR 19.102(f)(1)-(7)
13 CFR 121.1204
4. 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 Headquarters
B. A WAIVER FOR A SET-ASIDE IS NOT NEEDED WHEN:
1. ONE SMALL BUSINESS MANUFACTURER:
* SMALL BUSINESS SET-ASIDE
2. 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))
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*:
53
NMR Program Office
The preferred and most expeditious method
for asking questions and submitting waiver
requests is by e-mail to
54