PART 1819
SMALL BUSINESS
PROGRAMS
1819.001 Definitions.
SUBPART 1819.2 POLICIES
1819.201 General policy.
SUBPART 1819.3 DETERMINATION OF SMALL BUSINESS STATUS
FOR SMALL BUSINESS PROGRAMS
1819.302 Protesting
a small business representation.
SUBPART 1819.5 SET-ASIDES FOR SMALL BUSINESS
1819.502 Setting aside acquisitions.
1819.502-70 Non-initiation of set-asides.
1819.502-3 Partial set-asides.
1819.502-370 NASA reporting requirements.
1819.505 Rejecting Small Business
Administration recommendations.
SUBPART 1819.6 CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF
RESPONSIBILITY
1819.602 Procedures.
1819.602-1 Referral.
1819.602-3 Resolving differences between the
agency and the Small Business Administration.
1819.602-370 NASA procedures.
SUBPART 1819.7 THE SMALL BUSINESS SUBCONTRACTING
PROGRAM
1819.705-2 Determining the
need for a subcontracting plan.
1819.705-4 Reviewing
the subcontracting plan.
1819.705-470 Acquisition-specific subcontracting
goals.
1819.708 Contract clauses.
1819.708-70 NASA solicitation provision and
contract clause.
SUBPART 1819.8 CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)
1819.800 General
1819.804 Evaluation,
offering, and acceptance.
1819.804-1 Agency
evaluation.
1819.812 Contract Administration
SUBPART
1819.10 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM
1819.1005 Applicability.
SUBPART 1819.70 NASA
8 PERCENT GOAL
1819.7000 General.
1819.7002 Contracting officer
responsibility.
1819.7003 Contract clause.
SUBPART 1819.71 NASA RURAL AREA SMALL BUSINESS PLAN
1819.7101 Definition.
1819.7102 General.
1819.7103 Solicitation provision and contract
clause.
SUBPART 1819.72 NASA
MENTOR-PROTÉGÉ PROGRAM
1819.7201 Scope of subpart.
1819.7202 Definitions.
1819.7203 Non-affiliation.
1819.7204 Transportability of features from
the Department of Defense
(DOD) Mentor-Protégé program to
NASA contractors.
1819.7205 General policy.
1819.7206 Incentives for prime contractor
participation.
1819.7207 Measurement of Program success.
1819.7208 Mentor firms.
1819.7209 Protégé firms.
1819.7210 Selection of protégé firms.
1819.7211 Application process for mentor
firms to participate in the Program.
1819.7212 OSDBU review and approval process
of agreement.
1819.7213 Agreement contents.
1819.7214 Developmental assistance.
1819.7215 Obligation.
1819.7216 Internal controls.
1819.7217 Reports.
1819.7218 Program review.
1819.7219 Solicitation provision and
contract clauses.
SUBPART 1819.73 SMALL BUSINESS INNOVATION RESEARCH (SBIR)
AND SMALL BUSINESS
TECHNOLOGY TRANSFER (STTR) PROGRAMS
1819.7301 Scope
of subpart.
1819.7302 NASA
contract clauses.
SMALL BUSINESS
PROGRAMS
“High-Tech” as used in this
part means research and/or development efforts that are within or advance the
state-of-the-art in a technology discipline and are performed primarily by
professional engineers, scientists, and highly skilled and trained technicians
or specialists.
Subpart
1819.2--Policies
(a)(i) NASA is committed to providing to small,
veteran-owned small business, service-disabled veteran-owned small business,
HUBZone, small disadvantaged, and women-owned small business concerns, maximum
practicable opportunities to participate in Agency acquisitions at the prime
contract level. The participation of
NASA prime contractors in providing subcontracting opportunities to such
entities is also an essential part of the Agency's commitment. The participation of these entities is
particularly emphasized in high-technology areas where they have not
traditionally dominated.
(ii) NASA annually negotiates Agency small, service-disabled
veteran-owned small business, HUBZone, small disadvantaged, and women-owned
small business prime and subcontracting goals with the Small Business
Administration pursuant to section 15(g) of the Small Business Act (15 U.S.C.
644). In addition, NASA has the
following statutory goals based on the total value of prime and subcontract
awards:
(A) Under Public
Laws 101-144, 101-507, and 102-389, an annual goal of at least 8 percent for
prime and subcontract awards to small disadvantaged business (SDB) concerns,
Historically Black Colleges and Universities (HBCUs), minority institutions
(MIs), and women-owned small businesses (WOSBs) (see 1819.7000);
and
(B) Under 10
U.S.C. 2323, an annual goal of 5 percent for prime and subcontract awards to
SDBs, HBCUs, and WOSBs.
(d) The Assistant Administrator for Small and
Disadvantaged Business Utilization is the Agency official responsible for
carrying out the duties in FAR
19.201(d).
(e)(i) The center director shall designate a
qualified individual in the contracting office as a small business specialist
to provide a central point of contact to which small business concerns may
direct inquiries concerning small business matters and participation in NASA
acquisitions. The small business specialist
shall also perform other functions specifically set forth in this section
1819.201 or that the procurement officer may prescribe, with the concurrence of
the Assistant Administrator for Small and Disadvantaged Business Utilization,
for implementing the Small Business Program.
When the center director considers that the volume of acquisitions or
the functions relating to acquisitions at the center do not warrant a full-time
small business specialist, these duties may be assigned to procurement personnel
on a part-time basis. However, whether full-time or part-time, that assigned individual,
when performing the duties of a small business specialist, shall report
directly to the Procurement Officer.
(ii) Small business specialists appointed under paragraph
(d)(i) of this section shall perform the following duties, as the procurement
officer determines appropriate to the installation:
(A) Maintain a program designed to locate capable small
business sources, including those located in labor surplus areas, for current
and future acquisitions.
(B) Coordinate inquiries and requests for advice from small
business concerns on acquisition matters.
(C) Before issuance of solicitations or contract
modifications for additional supplies or services, determine that small
business concerns will receive adequate consideration, including making
recommendations for initiation of set-asides (see FAR 19.5 and 19.8) and for taking
action in accordance with FAR 19.506(b)
and 1819.502-70. Participate and provide input early in the
acquisition planning phase of proposed acquisitions, including procurement strategy meetings.
(D) If small business concerns cannot be given an opportunity
to compete because adequate specifications or drawings are not available, work
with appropriate technical and contracting personnel to ensure that necessary
specifications or drawings for current or future acquisitions will be
available.
(E) Review acquisitions for possible breakout of items
suitable for acquisition from small business concerns.
(F) Advise small business concerns regarding financial
assistance available under laws and regulations, assist such concerns in
applying for such assistance, and ensure that small business concerns' requests
for financial assistance are not treated as a handicap in securing the award of
contracts.
(G) Participate in responsibility determinations (see FAR 9.103) when small business concerns are involved.
(H) Participate in the evaluation of prime contractors' small
business subcontracting programs (see FAR
19.705-4).
(I) Review and make appropriate recommendations to the
contracting officer on any proposal to furnish Government-owned facilities to a
contractor if such action may hurt the Small Business Program.
(J) Ensure that participation of small business concerns is
accurately reported.
(K) Make available to SBA copies of solicitations when
requested.
(L) Act as liaison between contracting officers and SBA area
offices and representatives in connection with set-asides, certificates of
competency, and any other matters in which the Small Business Program may be
involved.
(M) In cooperation with contracting officers and technical
personnel, seek and develop information on the technical competence of small
business concerns for research and development contracts. Regularly bring to the attention of
contracting officers and technical personnel descriptive data, brochures, and
other information regarding small business concerns that are apparently
competent to perform research and development work in fields in which NASA is
interested.
(N) When a small business concern's offer has been rejected
for nonresponsiveness or nonresponsibility, assist that concern, upon its
request, in understanding such requirements for future awards.
(O) Advise center personnel, as necessary, on new
Governmentwide and Agency-approved small business programs and initiatives.
(f)(1) The NASA Ombudsman, the Director of the Contract Management Division, is the
designated official for determining whether the use of the SDB mechanism in FAR
Subpart
19.11
has resulted in an undue burden on non-SDB firms in the Department of Commerce
designated NAICS Major Groups,
or is otherwise inappropriate.
Subpart
1819.3--Determination of Small Business Status for Small
Business Programs
1819.302 Protesting a
small business representation.
(d)(1) The
contracting officer shall not make awards of small business set-aside
acquisitions before the expiration of the period for receipt of a size standard
protest.
Subpart
1819.5--Set-Asides for Small Business
1819.502 Setting aside acquisitions.
1819.502-70 Non-initiation of set-asides.
(a) All cases involving the non-initiation of
a set-aside, whether resulting from a joint decision of the small business specialist
and the contracting officer or a decision by the contracting officer alone,
require referral to the SBA representative (if one is assigned and available)
for review.
(b) If the small business specialist
recommends that an individual acquisition or a class of acquisitions, or a
portion thereof, be set aside, the contracting officer shall promptly either
concur in or disapprove the recommendation, stating in writing the reasons for
disapproval.
(c) When an SBA representative is assigned
and available and the contracting officer disapproves the small business
specialist's recommendation, the contracting officer shall promptly refer the
case to the SBA representative for review.
The small business specialist shall take no further appeal action. The SBA representative must either concur
with the decision or appeal the case to the procurement officer under FAR 19.505. If the procurement officer approves the
contracting officer’s decision and the SBA appeals under FAR 19.505(c), the
procurement officer shall forward the required written justification, including
a history of discussions between the center and the SBA and rationale for the
decision, to the Headquarters Office of Procurement, Program Operations
Division (HS).
(d) The contracting officer shall prepare,
sign, and retain in the contract file a memorandum of nonconcurrence in a
recommended set-aside action.
1819.502-3 Partial set-asides.
1819.502-370 NASA Reporting Requirements.
The contracting officer shall separately
report, in accordance with Subpart 1804.6, awards of
the non-set-aside portions of small business set-aside acquisitions.
1819.505 Rejecting Small Business Administration
recommendations.
See 1819.502-70.
Subpart 1819.6--Certificates of
Competency and Determinations of Responsibility
(a) On proposed awards exceeding the
simplified acquisition threshold, the contracting officer should consider
requesting a preaward survey (see FAR 9.106) before
determining that a responsive small business firm is not responsible. The scope of the preaward survey request
should be limited to those elements of responsibility that are questioned.
(2) The
contracting officer shall forward a copy of the referral to SBA through the
procurement officer to the Headquarters Office of Small and Disadvantaged
Business Utilization (Code K).
1819.602-3 Resolving differences
between the agency and the Small Business Administration.
(a) When agreement cannot be reached between
the contracting officer and the SBA Area Office, the contracting officer shall forward
to the Headquarters Office of Procurement (Code HS) on an expedited basis, a
complete case file with a request that the case be considered for appeal to SBA
Headquarters. The contracting officer
shall include the data already furnished to SBA, SBA's rationale for proposing
to issue a COC, and the contracting officer's comments. The contracting officer shall suspend
acquisition action until informed by Code HS of the final decision in the case.
(b) If the Office of Procurement concludes
that the referral to SBA should be withdrawn and a contract awarded without
benefit of a COC, Code HS shall inform the contracting officer.
(c) If the Office of Procurement agrees with
the contracting officer's recommended appeal action, the Assistant
Administrator for Procurement shall forward the appeal through the Office of
Small and Disadvantaged Business Utilization (Code K) to SBA Headquarters.
Subpart 1819.7--The Small Business
Subcontracting Program
1819.705-2 Determining the need for a subcontracting plan.
(d) Solicitations for competitive negotiated
acquisitions shall require proposed subcontracting plans with initial proposals
(see 1819.708(b)(1)). For sole source negotiated acquisitions, the
contractor shall be required to submit a proposed subcontracting plan with the
proposal.
1819.705-4 Reviewing the subcontracting plan.
1819.705-470 Acquisition-specific subcontracting goals.
Section 1819.201
addresses Agencywide goals at the combined prime and subcontract levels. Appropriate subcontracting goals for an
individual acquisition, however, are to be independently determined on the
basis of the specific circumstances of the acquisition, consistent with FAR 19.705-4 and 1819.7002(b),
and not on the basis of an Agencywide or center goal. Acquisition-specific subcontracting goals
should reflect maximum practicable opportunities for all categories of small
business concerns to participate in NASA programs, consistent with efficient
performance. The methods outlined in
NASA Policy Directive (NPD) 5000.2, Uniform
Methodology for Determination of Small Disadvantaged Subcontracting Goals, may
also be useful in establishing reasonable subcontracting goals for small, veteran-owned small business,
service-disabled veteran-owned small business,
HUBZone, and women-owned small business concerns.
(b)(1) The
contracting officer shall use the clause at FAR 52.219-9 with its Alternate II when contracting
by negotiation.
1819.708-70 NASA solicitation
provision and contract clause.
(a)
The contracting officer shall insert the provision at 1852.219-73, Small Business Subcontracting Plan, in
invitations for bids containing the clause at FAR 52.219-9 with its Alternate
I. Insert in the last sentence the number of calendar days after request that
the offeror must submit a complete plan.
(b)
The contracting officer shall insert the clause at 1852.219-75,
Small Business Subcontracting Reporting, in solicitations and contracts
containing the clause at FAR 52.219-9, except for contracts covered by an
approved commercial plan.
Subpart
1819.8--Contracting with the Small Business Administration
(The
8(a) Program)
1819.800 General.
(f)
NASA and the Small Business Administration maintain a Partnership Agreement
(PA) to allow direct contracting with 8(a) firms by NASA. Specific guidance on the implementation of
the PA through a class deviation to certain requirements set forth in Subpart
19.8 is set forth in Procurement Information (PIC) 08-06. Centers are to refer to the PIC to determine
if direct contracting is currently authorized.
1819.804 Evaluation,
offering, and acceptance.
The small business specialist shall review
and evaluate all acquisition requirements to determine their suitability for offering
to SBA for 8(a) acceptance and make a recommendation to the contracting officer
concerning award to SBA.
1819.812 Contract
Administration.
(d) The Small Business Act, at 15 USC
637(a)(21)(A), requires a contract awarded under the 8(a) Program to be
performed by the concern that initially received the contract. If the owner(s)
upon whom eligibility was based subsequently relinquishes ownership or control,
or enters into any agreement to relinquish ownership or control, the contract
shall be terminated for convenience unless a request for waiver is submitted by
the contractor, or by NASA. Only the
Small Business Administration (SBA) may waive this requirement. Contracting Officers must coordinate any
planned requests for waiver of an 8(a) contract termination with the
Headquarters Office of Procurement (Program Operations Division). The Headquarters Office of Procurement will
review and coordinate the package with Headquarters offices, as appropriate,
and will either forward the request to the Administrator for signature or will
advise the Contracting Officer of the decision not to submit the request to the
SBA.
Subpart
1819.10--Small Business Competitiveness Demonstration
Program
(b) The targeted industry
categories for NASA and their North American Industry Classification System
(NAICS) codes are:
|
NAICS Code |
Industry Category |
|
334111 |
Electronic Computer Manufacturing |
|
334418 |
Printed Circuit Assembly (Electronic Assembly) Manufacturing |
|
334613 |
Magnetic and Optical Recording Media Manufacturing |
|
334119 |
Other Computer Peripheral Equipment Manufacturing |
|
33422 |
Radio and Television Broadcasting and Wireless Communication Equipment
Manufacturing |
|
336415 |
Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit
Parts Manufacturing |
|
336419 |
Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment
Manufacturing |
|
334511 |
Search, Detection, Navigation, Guidance, Aeronautical, and Nautical
Systems and Instrument Manufacturing |
|
333314 |
Optical Instrument and Lens Manufacturing |
|
541511 |
Custom Computer Programming Services |
|
541512 |
Computer Systems Design Services |
|
51421 |
Data Processing Services |
|
541519 |
Other Computer Related Services |
Subpart
1819.70--NASA 8 Percent Goal
Public Laws 101-144, 101-507, and 102-389 require
the NASA Administrator to ensure, to the fullest extent possible, that at least
8 percent of Federal funding for prime and subcontracts awarded in support of
authorized programs, including the space station by the time operational status
is obtained, be made available to small disadvantaged business concerns,
Historically Black Colleges and Universities, minority institutions, and
women-owned small business concerns.