SBA Programs for Native American Entities First Wednesday Virtual Learning Series 2018 www.sba.gov 1
Hosts 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 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 Connect Support 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 SBA Native American Programs - AI/ANC/NHO 3 December 6, 2017 SBA Programs You May Not Know About Natural Resources Assistance/Disaster Assistance 4 January 10, 2018 Historically Underutilized Business Zones 5 February 7, 2018 Certificate of Competency Program 6 March 7, 2018 Woman Owned Small Business 7 April 4, 2018 Size and Affiliation 8 May 2, 2018 Subcontracting Plans: Pre-Award 9 June 6, 2018 SDVOSB 10 July 11, 2018 SBA Legislative Update 11 August 1, 2018 Mentor/ Protégé Program 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 participants in an excel document to sbalearning@sba.gov. 6
Small Business Program Update Effective October 1, 2017, the SBA updated its table of the North American Industry Classification System ( NAICS ) codes, which resulted in numerous changes. NAICS 2017 created 21 new NAICS industries by reclassifying, splitting, or merging 29 industries or their parts previously under NAICS 2012. https://www.gpo.gov/fdsys/pkg/fr-2017-09-27/pdf/2017-20705.pdf https://www.sba.gov/sites/default/files/files/size_standards_table_2017.pdf On October 11, 2017, SBA also updated the NAICS codes applicable for the WOSB Program to align with the 2017 NAICS codes. This update reduces the number of four-digit NAICS industry groups eligible for procurements under the WOSB Program from 113 to 112 because NAICS 2017 merged two NAICS 2012 industry groups, NAICS 5171 and 5172, into one 5173. https://www.gpo.gov/fdsys/pkg/fr-2017-10-11/pdf/2017-21925.pdf 7
Presenters Maymangwa Flying Earth Attorney Advisor Office of General Counsel Small Business Administration Denver, CO (303) 844-2096 Maymangwa.FlyingEarth@sba.gov With her today is: Laura Foster Attorney Advisor Office of General Counsel Small Business Administration Washington, D.C. (202) 205-6473 Laura.Foster@sba.gov 8
SBA Programs for Native American Entities Government Contracting Programs and American Indian Tribes, Alaskan Native Corporations, and Native Hawaiian Organizations
What is an Indian Tribe? For purposes of SBA regulations, Indian tribe means Any Indian tribe, band, nation, or other organized group or community of Indians, including any ANC, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; Or is recognized as such by the State in which the tribe, band, nation, group, or community resides. 10
What is an Alaskan Native Corporation? ANC means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act Alaskan Native means a citizen of the United States who is a person of one fourth degree or more Alaskan Indian, Eskimo, or Aleut blood, or a combination of those bloodlines. Includes any citizen whom a Native village or Native group regards as Alaska Native if their father or mother is regarded as Alaskan Native 11
What is a Native Hawaiian Organization? Any community service organization serving Native Hawaiians in the State of Hawaii which is a not-for-profit organization chartered by the State of Hawaii, is controlled by Native Hawaiians, and who business activities will principally benefit such Native Hawaiians Native Hawaiian means any individual whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii 12
Tribes and the 8(a) Program The firm itself must be organized for profit. Articles of Incorporation must contain sovereign immunity waiver or sue and be sued language designating federal courts with jurisdiction over SBA program matters. The tribe must own at least 51% of the firm, or through a wholly owned subsidiary of the tribe. Many tribes conduct commercial activities through federally chartered corporations under Section 17 of Indian Reorganization Act (segregating tribal business assets & liabilities from those of tribe). Must petition Secretary of Interior to issue corporate charter. 13
Tribes and 8(a) Program Over 300 Tribal, ANC, NHO owned firms in the program While tribes bear primary responsibility for economic development, the government recognizes its trust responsibility in providing opportunity for federally recognized tribes Tribal and ANC 8(a) firms are eligible to receive sole source 8(a) contracts regardless of dollar size, with no upper limit, while all other 8(a) firms may not receive sole source contracts in excess of $4 million for services and $7 million for manufacturing. 13 CFR 124.506 (b) 14
Native Entity Owned v. Native owned Entity owned refers to the tribe, ANC, or NHO owning the firm Tribal members, ANC members, and Native Hawaiians may individually own firms but they are not considered entity owned Tribe, ANC and NHO owned firms may have more than one company in the 8(a) program, allowed at the same time in different NAICS codes, and have a second company in the same NAICS code with a 2 year waiting period between companies 15
Size Issues Tribally owned applicant must qualify as a small business and certify as such to the SBA, pursuant to the provisions in 13 CFR 121 In determining the small business size standard, the Indian tribe or wholly owned business of the tribe will be determined independently without regard to its affiliation with the tribe, any entity of the tribal government or any other business enterprise owned by the tribe 16
Native Entities and HUBZone HUBZone Program: Small business size 100% U.S. Citizen-owned (or Native American/Hawaiian/Alaskan) Principal office within HUBZone, includes land within the external boundaries of Native American reservations Minimum 35% of employees must live within a HUBZone does not have to be same one as your main office 17
Native Entities and HUBZone For tribes, at least 35% of its employees engaged in performing that contract will reside within any Indian reservation governed by one or more of the Indian Tribal Government owners, or reside within any HUBZone adjoining such Indian reservation. This allowance does not apply to ANCs and NHOs 18
Native Entity Firms and WOSB/SDVO Based on the language of the regulations, Native entity owned firms are not eligible for the Women Owned Small Business and Service Disabled Veteran Owned programs 19
Buy Indian Act Not an SBA Program The Department of the Interior (DI) has regulations guiding implementation of the Buy Indian Act, which provides Indian Affairs (IA) with authority to set aside procurement contracts for Indian-owned and controlled businesses. These rules supplement the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR). Organizations subject to the DIAR are encouraged to visit the DOI Office of Small & Disadvantaged Business Utilization (OSDBU) at https://www.doi.gov/pmb/osdbu. 20
DoD Indian Incentive Program Not an SBA Program http://business.defense.gov/programs/indian -Incentive-Program/ The Department of Defense (DoD) Indian Incentive Program (IIP) is designed to encourage the use of Native businesses by allowing eligible prime contractors that work with a Native subcontractor at the DoD to receive a five percent incentive payment. The program is managed by the DoD s Office of Small Business Programs and funding availability is determined by Congress each fiscal year. Website includes a IIP FAQ page, templates, an informational factsheet, a checklist for processing the request and an informational PowerPoint briefing about the program. 21
SBA s Office of Native American Affairs www.sba.gov/naa 22
Questions 23
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Dynamic Small Business Search http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm 25
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 26
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 27
Six SBA Government Contracting Areas https://www.sba.gov/content/pcr-directory 28
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 29
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. 30
B. SBA Quick Reference SBA PCRs, cont. 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 FAR 19.402(c)(5) 31
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 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 13 VA 2268 Small Business Program Procurement Review Procurement Request Review For Small Business Programs and Contract Bundling 32
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. 33
C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at: 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 13 CFR 125.3 4. SBA SUB-Net link at: http://www.sba.gov/content/sub-net 5. SBA Subcontracting Opportunities Directory link at: http://www.sba.gov/subcontracting-directory 6. SBLO Handbook link at: http://www.sba.gov/content/smallbusiness-liaison-officer-handbook 34
D. SBA Quick Reference SBA Regional and District Offices Link to district offices at: http://www.sba.gov/about-offices-list/3 35
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/localassistance/districtoffices 36
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 37
NMR Program Office The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to nmrwaivers@sba.gov. 38
Find your PCR at https://www.sba.gov/content/pcr-directory