Learning About the Women Owned Small Business Contracting

“Learning About the Women. Owned Small Business Contracting Program” “SBA 1 st First Wednesday Virtual Learning 2016” “Exceeding Your Goals” sbalearning@sba. gov

v Dwight A. Johnson SBA Office of Government Contracting, Area IV, Omaha Procurement Center Representative - IA, MN, NE, ND, & SD 2 sbalearning@sba. gov (402) 221 -7206 v Janis Kaiser SBA Office of Government Contracting, Area IV, Chicago Procurement Center Representative Janis. Kaiser@sba. gov (312) 353 -7442 v Ken Silvia Procurement Center Representative SBA Office of Government Contracting, Area III, Savannah, GA Kenneth. Silvia@sba. gov (912) 652 -5723 Locate your Procurement Center Representative: https: //www. sba. gov/content/pcr-directory) (PCR Directory

Locating SBA Area Directors: (https: //www. sba. gov/content/pcr-areadirectors 1. 2. 3. 4. Size protests. FAR 19. 3. SBA staff. FAR 19. 4. Certificates of Competency. FAR 19. 6. Subcontracting plans. FAR 19. 704(a)(7)). Reminders: 1. Use the correct NAICS codes for Women-Owned Small Business set-asides: (NAICS listing at 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.

1102 FIRST WEDNESDAY VIRTUAL LEARNING SERIES 2016” 9: 30 to 10: 30 Central Time FY 2016 1 October 7, 2015 2 November 4, 2015 3 December 2, 2015 4 5 6 January 6, 2016 February 3, 2016 March 2, 2016 7 April 6, 2016 8 May 4, 2016 9 June 1, 2016 10 11 July 13, 2016 August 3, 2016 12 August 17, 2016 Topic Presenters SBA Area 8(a) Business Jackquline HDQTRS Development Robinson-Burnette Women-Owned Small Ken Silvia III Business SBA Surveillance Valerie Coleman V Reviews 2016 IV Consolidation/Bundling Jan Kaiser SDVOSB Keith Waye I Partial SB Set-Asides Jan Kaiser IV Market Research: Dynamic Small Valerie Coleman V Business Search Sources Sought HUBZones SBA Subcontracting Assistance (CMRS) Nonmanufacturer Rule SBA Size Standards Special TBD: Limitations on Subcontracting Mariana Pardo HDQTRS Stephanie Lewis V Janice Nietes David Gordon VI IV TBD HDQTRS

Welcome to “SBA Virtual Learning 2016” 5 1. Answering questions begins during the final 10 minutes. Or contact sbalearning@sba. gov 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” at end of the program as time allows. It is for your use later. 5. Participation is limited to federal acquisition and related staff, SBA, and Procurement Technical Assistance Center (PTAC) staff. Your nearest PTAC: (http: //www. dla. mil/Small. Business/Pages/ptac. aspx)

One continuous learning point v. Self-service: Fill in your name on the certificate slide and save. v. Phoning in only? Send an email immediately to sbalearning@sba. gov to welcome. verify your participation. Feedback v Post program email. This contains a time sensitive . wmv recording, a the program transcript of the program, along with another copy of Power. Point. v. Welcome and thank-you for your support of small business.

“SBA 1 st Wednesday Virtual Learning 2016” This Certificate is awarded to For completion of ““Learning About the Women-Owned Small Business Contracting Program” This training seminar may be credited towards “Continuous Learning Points” as described in OFPP Policy Letter 05 -01. Recommendation of One CLP. 11/4/2015 Dwight A. Johnson Procurement Center Representative SBA Office of Government Contracting, Omaha date

“Learning About the Women-Owned Small Business Contracting Program” Training for Contracting Officers November 2015

FAR 2. 101 Definitions. “Women-owned small business concern” (WOB) means— (1) A small business concern (counts toward goals but no setaside) — (i) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at l least 51 percent of the stock of which is owned by one or more women; and (ii) Whose management and daily business operations are controlled by one or more women; or (2) A small business concern eligible under the “Women-Owned Small Business Program” in accordance with 13 CFR part 127 (see subpart 19. 15). Set-asides to help reach goals.

How this looks in “Dynamic Small Business Search” options 1. Any Women-Owned Small Business: (search help) 2. Women-Owned Small Business under the Women. Owned Small Business Program (more information) 3. Economically Disadvantaged Women-Owned Small Business under the Women-Owned Small Business Program 4. Women-Owned Small Business Joint Venture 5. Economically Disadvantaged Women-Owned Small Business Joint Venture

Topics for discussion - 1 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

Overview of Women-Owned Small Business program (FAR 19. 15 and 13 CFR 127. ) The Women-Owned Small Business (WOSB) program authorizes contracting officers to set aside certain federal contracts for eligible: • Women-owned small businesses (WOSBs) or • Economically disadvantaged women-owned small businesses (EDWOSBs) SBA is responsible for implementing and administering the program.

Requirements for WOSB and EDWOSB Set Asides (See WOSB Program) NAICS code list at www. sba. gov/wosb) WOSB Set Aside Industries • WOSB NAICS codes EDWOSB Set Aside • EDWOSB NAICS codes. • Caution. All EDWOSB NAICS codes are also WOSB NAICS codes. • “EDs” may compete on an WOSB set-aside but WOSBs may not compete on EDWOSB set-aside. • “EDs” are a subset of WOSBs

Requirements for WOSB and EDWOSB Set Asides (cont. ) (See WOSB Program NAICS code list at www. sba. gov/wosb) WOSB Set Aside Rule of two for set-aside EDWOSB Set Aside • Reasonable expectation that 2 2 or more WOSBs will submit or more EDWOSBs will submit an offer * Note: All EDWOSBs are WOSBs * Note: Not all WOSBs are EDWOSBs

Requirements for WOSB and EDWOSB Set Asides (cont. ) (See WOSB Program) NAICS code list at www. sba. gov/wosb) Sole Source (13 CFR 127) • WOSB or EDWOSB is a responsible contractor and Contracting Officer does not have a reasonable expectation that two or more WOSBs or EDWOSBs will submit an offer. • Anticipated award price including options does not exceed the statutory thresholds of $6. 5 M for manufacturing or $4 M for other contracts. • Contract can be awarded at fair market price. • SBA’s regulations in place on October 14, 2015 with FAR to follow soon.

“Parity” and the WOSB Program (19. 203 - Relationship among small business programs) 16 (a) There is no order of precedence among the 8(a) Program (subpart 19. 8), HUBZone Program (subpart 19. 13), Service. Disabled Veteran-Owned Small Business (SDVOSB) Procurement Program (subpart 19. 14), or the Women. Owned Small Business (WOSB) Program (subpart 19. 15). (d) In determining which socioeconomic program to use… consider…. — (1) Market research and (2) Agency progress in fulfilling its small business goals.

Requirements for Joint Ventures ØSize: Combined annual receipts or employees of joint venture must meet NAICS code assigned to contract* ØEDWOSB/WOSB must be managing venturer ØEDWOSB/WOSB employee must be project manager responsible for performance of the contract ØEDWOSB/WOSB must receive at least 51% of net profits ØThe joint venture agreement must be in writing ØJoint venture must meet subcontracting limitations ØMust be registered as such in SAM

Additional information about the WOSB program • The same subcontracting limitations that apply for small business set asides apply for the WOSB program. FAR 52. 219. 14. • A mentor-protégé program for the WOSBs could be implemented within the next year.

Examples of how the program works: 1 of 3 1. Requirement NAICS: 812990, Other Personal Services 2. Requirement size: $12 M 3. Check eligibility for WOSB Program set-aside at www. sba. gov/wosb: Yes, it is on the WOSB list, so EDWSOSBs may participate as well. 4. Does research show the “rule of two” may be met” ? Yes 5. Set-aside for WOSB Program 6. Check Repository prior to award to the apparent successful offeror

Examples of how the program works: 2 of 3 1. Requirement NAICS: 238160, Roofing Contractors 2. Requirement size: $6 M 3. Check eligibility for WOSB Program set-aside at www. sba. gov/wosb: Yes, it is on the EDWOSB list, so EDWSOSBs participate but not WOSBs. 4. Does research show the “rule of two” may be met” ? Yes 5. Set-aside for EDWOSB Program 6. Check Repository prior to award to the apparent successful offeror

WOSB Program sole source awards in CFR. (FAR coming. ) 13 CFR 127. 503 (c) Sole source awards to EDWOSBs. …. A contracting officer may issue a sole source award to an EDWOSB when the contacting officer determines that: (1) The EDWOSB is a responsible contractor with respect to performance and the contracting officer does not have a reasonable expectation that 2 or more EDWOSBs will submit offers; (2) The anticipated award price of the contract (including options) will not exceed $6, 500, 000 (manufacturing), or $4, 000, other; and (3) Award can be made at a fair and reasonable price.

Examples of how the program works: 3 of 3 1. Requirement NAICS: 2. 3. 4. 5. NAICS 561410, Document Preparation Services Requirement size: $2 M Check eligibility for WOSB Program set-aside at www. sba. gov/wosb: Yes, it is on the EDWOSB list, so EDWSOSBs participate but not WOSBs. Does research show the “rule of two” may be met” ? No. But a 13 CFR 127. 503(c) allows a sole source Check Repository prior to award to the apparent successful offeror

Topics for discussion - 2 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

Eligibility Requirements for WOSBs 24 q q Meet small business size standard for primary NAICS code and contract At least 51% unconditionally and directly owned by women who are U. S. citizens q The woman must manage the day-to-day operations q The woman must make the long-term decisions for the business q A woman must hold highest officer position q q The woman must work at the business full-time during normal working hours No minimum amount of time the business has been operational

Eligibility Requirements for EDWOSBs Same requirements as WOSBs (on previous page) PLUS: q Personal net worth (assets minus liabilities) is less than $750, 000 excluding: • Ownership in business and primary personal residence • Income reinvested or used to pay taxes of business • Funds reinvested in IRA or other retirement account* • Transferred assets within two years if to or on behalf of immediate family member for select purposes** q Adjusted gross income average over three years is $350, 000 or less excluding: • Income reinvested or used to pay taxes of business q Fair market value of assets is $6 million or less excluding: • Funds reinvested in IRA or other official retirement account

Topics for discussion - 3 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

WOSB program certification: Two means to do so (FAR 19. 1503) Self Certification Free, no cost Register in SAM as WOSB or EDWOSB Compile and upload all required documents to the repository Represent status in SAM Third Party Certification Ø Register in SAM as WOSB or EDWOSB Ø Obtain certification from an SBA-approved Third Party Certifier Ø Compile and upload all required documents to the repository Represent status in SAM Information uploaded by the EDWOSB or WOSB to the Repository and must be in place at the time of initial offer.

Information uploaded to the WOSB Program Repository FAR 19. 1501 Definition. ““WOSB Program Repository” means • a secure, Web-based application • that collects, stores, and disseminates documents to the contracting community and SBA, • which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. ” WOSB and ESWOSBs upload the information through SBA’s General SBA’s Login System: https: //eweb. sba. gov/gls FAR 19. 1503 lists documents needed for certification to justify status that are uploaded to Repository. (Or see contracting officer guidebook checklist at www. sba. gov/wosb)

Information uploaded to the WOSB Program Repository (cont. ) • Contracting officers register in the Repository. • WOSB and ESWOSB apparent successful offerors grant permission for Contracting officers to review the Repository. • FAR 19. 1505 (e) The contracting officer must check whether the apparently successful offeror filed all the required eligibility documents, and file a status protest if any documents are missing. See 19. 1503(d)(2).

Topics for discussion - 4 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

Steps to set-aside a WOSB/EDWOSB contract (cont’d) 1. Confirm the eligibility of the NAICS code for the WOSB Program 2. Consider the Woman-Owned Small Business Program based upon market research and “parity”. 3. If for an ESWOSB or WOSB program set-aside, sign-up for the WOSB Repository through SBA’s General Login System. 4. With the permission of the apparent successful offeror, check the Repository for the necessary documentation.

Topics for discussion - 5 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

Protests and Reviews 33 ØFAR 19. 1503 (d)(2). The contracting officer shall file a status protest in accordance with 19. 308 if- (i) There is information that questions the eligibility of a concern; or (ii) The concern fails to provide all of the required documents to verify its eligibility. ØFAR 19. 308 - Protesting a EDWOSB or WOSB status ØFAR 19. 302 – Protesting a small business’ size ØEligibility Examinations/Reviews. SBA will conduct regular reviews of firms who have self-certified.

Topics for discussion - 6 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

Resources Ø Woman –Owned Small Business Program website: ww. sba. gov/wosb Ø Email Assistance: wosb@sba. gov Ø Procurement Center Representatives: https: //www. sba. gov/content/pcr-directory ØProcurement Technical Assistance Centers: http: //www. aptacus. org/new/

Topics for discussion - 7 § Overview of the WOSB program § Eligibility requirements § Certification and Repository § How to set-aside a WOSB/EDWOSB contract § Reviews & Protests § Resources and Q&A § Appendix – User guide for GLS and WOSB Repository

General login system steps 37 1. Go to https: //eweb. sba. gov/gls/dsp_login. cfm 2. On the left hand side click on “Request SBA User ID” 3. Fill out the information that is required (including a user ID - create a user ID familiar to you, without special characters) 4. 5. 6. 7. Click “Submit”. A temporary password will get emailed to you. Login and change your password as instructed. Read disclaimers throughout. Review WOSB or EDWOSB information through either the “Business” or “Solicitation” views 8. You may wish to use the checklist in the contracting officer guide at the program website, www. sba. gov/wosb - for your documentation

To log onto the General Login System (GLS), go to: https: //eweb. sba. gov/gls Apparent successful offeror logs into Repository and 1) enters the solicitation number, 2) 2) selects the agency and contracting officer from a drop down menu, and 3) 3) authorizes that individual to have access to the business’ documents.

When you click “Request SBA User ID, ” fill in all the blue highlighted fields 39

When you click “Request SBA User ID, ” fill in all the blue highlighted fields (cont’d) Select your Agency, make sure “Contracting Officer” is selected and then click “Submit”

Once you have a user ID and password, log into GLS: https: //eweb. sba. gov/gls/

42 Once in GLS, Click on the “Access” Button to gain entry to the Women Owned Small Business (WOSB) Repository

Select the “Federal Agency Contract Officer” role for the WOSB Repository and submit 43

After the EDWOSB or WOSB apparent successful offeror has given permission, you will see how to access the documents by clicking on “Business View” 44

Documents are listed for contracting officer review 45

You may also use “Solicitation View” to access the same information as through "Business View” 46

“Learning About the Women. Owned Small Business Contracting Program” “SBA 1 st First Wednesday Virtual Learning 2016” “Exceeding Your Goals” sbalearning@sba. gov

48 ”SBA Quick Reference: Whom to Contact for What”

Dynamic Small Business Search is alive and well. Link: http: //dsbs. sba. gov/dsbs/search/dsp_dsbs. cfm

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

FIVE TYPES OF SBA CONTACTS & OFFICES 51 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

Six SBA Government Contracting Areas I - Boston IVChicago VI-San Francisco II - MD IIIAtlanta V- Fort Worth

A. SBA Quick Reference - SBA Area 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

B. SBA Quick Reference SBA Procurement Center Representatives (PCRs) 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 PCRs, cont. 1. SBA PCR coordination records 55 2. Small business set-aside appeals 3. HUBZone set-aside appeals 4. SDVOSB set-aside appeal 5. Reporting bundling to SBA (MATOCs) 6. SBA subcontracting plan reviews-copies 7. SBA subcontracting program review 8. Small business TFD 9. Surveillance review of agency contracting FAR 19. . 501(b) 13 CFR 125. 2 FAR 19. 505 13 CFR 125. 2(b)(7) FAR 19. 1305 FAR 19. 1306 13 CFR 126. 61 FAR 19. 1405 FAR 19. 1406 13 CFR 125. 22 FAR 19. 202 -1(e)(1) 13 CFR 125. 2 FAR 19. 705 -5(3) 13 CFR 125. 2(b)(6)(iii) FAR 19. 705 -6(c) 3/9/2021 5: 21 AM 13 CFR 125. 2(b)(6)(iii)(C) FAR 19. 707(4) 13 CFR 125. 2(b)(6)(iii)(C) FAR 49. 402 -3 (e)(4)) (Termination for default)

Small business coordination forms sent to SBA PCRs 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 Small Business Procurement DL 1 -2004 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 AD-1205 Small Business Program – Procurement Review 2268 Procurement Request Review For Small 56 Business… 12 13 USDA VA

Document that you have provided SBA Area Directors with copies of subcontracting plans 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.

C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) (https: //www. sba. gov/content/cmr-directory) 1. Prime contractor portfolio management 13 CFR 125. 3 2. Reviews of subcontracting plan holders 13 CFR 125. 3 3. Matchmaking 4. SBA SUB-Net link: 13 CFR 125. 3 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/smallbusiness-liaison-officer-handbook

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

D. SBA Quick Reference - SBA District Offices, cont. 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/localassistance/districtoffices

E. SBA Quick Reference - SBA Headquarters 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

FAR 19. 102 (f ): No class waiver to NMR? Check out an individual waiver*

63 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: B. A 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))

NMR Program Office 64 The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to nmrwaivers@sba. gov