HUBZone Program First Wednesday Virtual Learning Series 2018 www.sba.gov 1
Hosts Christopher Eischen, Procurement Center Representative SBA Office of Government Contracting, Area IV, Kansas City, MO christopher.eischen@sba.gov (816) 426-4911 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 About SBA SBA Programs You May Not Know About 3 December 6, 2017 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 Tools 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
Speaker • Mariana Pardo, Director HUBZone Program Washington, DC mariana.pardo@sba.gov • Mark Hagedorn, Attorney Advisor Office of General Counsel Washington, DC mark.hagedorn@sba.gov 7
HUBZone Program First Wednesday Virtual Learning Series 2018 www.sba.gov 8
H istorically U nderutilized B usiness Zone Program 13 CFR part 126 FAR subpart 19.13 9
Agenda • PROGRAM OVERVIEW • HUBZONE SET-ASIDES AND SOLE SOURCE AWARDS • SET ASIDE OF ORDERS • HUBZONE PRICE EVALUATION PREFERENCE IN FULL AND OPEN COMPETITION • LIMITATIONS ON SUBCONTRACTING AND NONMANUFACTURER RULE 10
OVERVIEW 11
SBA Administers the HUBZone Program • Status as a HUBZone small business concern (SBC) is determined by SBA , pursuant to 13 CFR part 126 • A firm must apply to SBA for HUBZone certification (13 CFR 126.300 to 126.309) • If SBA determines that a concern is a HUBZone SBC, SBA will issue a certification to that effect and will add the concern to the List of Qualified HUBZone Small Business Concerns at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm • Only firms on the List are HUBZone SBCs and eligible for HUBZone contracting preferences and awards 12
HUBZone Contracts (13 CFR 126.600) HUBZone contracts (including Multiple Award Contracts) include awards to qualified HUBZone SBCs through: • Sole source awards • 100% HUBZone set-aside awards and partial set-asides • Full and open competition , where the HUBZone price evaluation preference is applied • Reserves for HUBZone SBCs under Multiple Award Contracts (MAC) • Orders set-aside for HUBZone SBCs against a MAC, where the MAC was awarded in full and open competition 13
Requirements to Bid on HUBZone Contract (13 CFR 126.601) When a HUBZone SBC submits its initial offer on a specific HUBZone contract, it must certify to the CO that: • It is a certified HUBZone SBC that appears on SBA’s List ; • There has been no material change in its circumstances that could affect its HUBZone eligibility since the date of HUBZone certification; • It is a small business under the NAICS code assigned to the procurement; and • It will “ attempt to maintain ” the required percentage of employees who are HUBZone residents during the performance of a HUBZone contract. 14
Status as a HUBZone Small Business Concern • To be eligible for a HUBZone contract, a concern must be a HUBZone SBC both at the time it submits its initial offer AND at the time of contract award (13 CFR 126.601(c)) • A HUBZone SBC may joint venture with one or more other small business concerns or its SBA-approved mentor for the purpose of submitting an offer for a HUBZone contract. Note: The joint venture itself need not be certified as a qualified HUBZone SBC. 15
How to Locate HUBZone Contractors Using the Dynamic Small Business Search (DSBS) 16
DSBS – How HUBZone Certification is Displayed Each firm’s DSBS profile has two fields relevant to HUBZone certification: • “ HUBZone Certified? [ ] Yes [ ] No ” • “ HUBZone Certification Date ” • "HUBZone Certified? [X] Yes [ ] No” indicates the firm is currently HUBZone certified • "HUBZone Certified? [ ] Yes [X] No” indicates the firm is NOT currently HUBZone certified • "HUBZone Certified? [ ] Yes [X] No” with N/A next to “ HUBZone Certification Date ” means that the firm was never HUBZone certified NOTE : “ HUBZone Certification Date ” indicates the initial date of certification and does not reflect the dates of any recertification process, which are internal to SBA An approval or recertification letter is NOT valid evidence that a firm is currently HUBZone certified, because the firm may have been decertified since the notice was issued. 17
DSBS example: Currently Certified HUBZone Small Business 18
DSBS example: Decertified HUBZone Small Business 19
DSBS example: Non-HUBZone Small Business 20
Relationship Among Small Business Programs (FAR 19.203) • SBA’s small business socioeconomic programs include: • 8(a) Program • HUBZone Program • Service-Disabled Veteran-Owned (SDVO) Small Business Program • Women-Owned Small Business (WOSB) Program • There is no order of precedence among these programs • In determining which socioeconomic program to use, the contracting officer should consider, at a minimum — • Results of market research • Agency progress in fulfilling small business goals 21
HUBZones and Parity B E L O W O R AT S AT A B O V E S AT ( $ 3 , 5 0 0 - $ 1 5 0 , 0 0 0 ) ( > $ 1 5 0 , 0 0 0 ) The 2018 NDAA raised the micro- purchase threshold to $10,000 and the simplified acquisition threshold to $250,000. Acquisition is automatically reserved Acquisition must be set-aside for small exclusively for small business — business. Before awarding as small business set- aside, CO must first consider awarding as — CO may award as: • 8(a) set-aside (or sole source) • small business set-aside • HUBZone set-aside (or sole source) • 8(a) set-aside • SDVO set-aside (or sole source) • HUBZone set-aside • WOSB set-aside (or sole source) • SDVO set-aside EXCEPTION : “Once 8(a), always 8(a)” rule - If a • WOSB set-aside requirement has been accepted by SBA under the 8(a) Program, it must remain in the 8(a) Program unless SBA agrees to its release. 22
HUBZONE SET-ASIDES AND SOLE SOURCE AWARDS 23
HUBZone Set-Aside Procedures (13 CFR 126.607, FAR 19.1305) • Below SAT CO MAY award via HUBZone set-aside • Above SAT CO SHALL consider a HUBZone set-aside before considering a HUBZone sole source award or a small business set-aside • To award via HUBZone set-aside, CO must have a reasonable expectation that — • Offers will be received from 2+ HUBZone SBCs; and • Award will be made at a fair market price 24
HUBZone Set-Aside – Only One Offer or No Offers (FAR 19.1305(c)) If the CO receives — • only one acceptable offer from a certified HUBZone SBC the CO should make an award to that concern • no acceptable offers from HUBZone SBCs the CO should withdraw the HUBZone set-aside and set the procurement aside for small business concerns, as appropriate (see FAR 19.203) 25
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