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TRANSCRIPT
First Wednesday Virtual Learning Series 2018
www.sba.gov
SBA Programs for Native American Entities
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Jan Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago [email protected] (312) 353-7442
Deborah Crumity, Procurement Center Representative SBA Office of Government Contracting, Area IV, Rock Island Arsenal [email protected] (309) 782-5734
Hosts
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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
Welcome to “SBA Virtual Learning 2018”
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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
Association of Procurement Technical Assistance Centers (APTAC)
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The program schedule above is for information only and is subject to change.
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
1st WEDNESDAY VIRTUAL LEARNING SERIES 2018 SCHEDULE
1:00 to 2:00 Central Time
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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 [email protected].
One Continuous Learning Point
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• 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
Small Business Program Update
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Maymangwa Flying Earth Attorney Advisor Office of General Counsel Small Business Administration Denver, CO (303) 844-2096 [email protected]
With her today is: Laura Foster
Attorney Advisor Office of General Counsel Small Business Administration Washington, D.C. (202) 205-6473 [email protected]
Presenters
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Government Contracting Programs and American Indian Tribes, Alaskan Native Corporations, and Native Hawaiian
Organizations
SBA Programs for Native American Entities
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.
What is an Indian Tribe?
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• 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
What is an Alaskan Native Corporation?
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• 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
What is a Native Hawaiian Organization?
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• 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.
Tribes and the 8(a) Program
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• 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)
Tribes and 8(a) Program
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• 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
Native Entity Owned v. Native owned
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• 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
Size Issues
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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
Native Entities and HUBZone
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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
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• 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
Native Entity Firms and WOSB/SDVO
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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.
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).
Buy Indian Act Not an SBA Program
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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.
http://business.defense.gov/Programs/Indian
-Incentive-Program/
DoD Indian Incentive Program Not an SBA Program
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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
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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
Types of SBA Contacts and Offices
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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
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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)
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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)
B. SBA Quick Reference SBA PCRs, cont.
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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 Programs and Contract Bundling
Small Business Coordination Forms Sent To SBA PCRs
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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
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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/small-
business-liaison-officer-handbook
C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at: https://www.sba.gov/content/cmr-directory
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Link to district offices at: http://www.sba.gov/about-offices-list/3
D. SBA Quick Reference – SBA Regional and District Offices
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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/districtoffices
D. SBA Quick Reference - SBA District Offices, cont.
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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
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The preferred and most expeditious method for asking questions and submitting waiver requests is by e-mail to [email protected].
NMR Program Office
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Find your PCR at https://www.sba.gov/content/pcr-directory