PART 1819
SMALL BUSINESS
PROGRAMS
TABLE OF
CONTENTS
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)
1819.804 Evaluation, offering, and
acceptance.
1819.804-1 Agency evaluation.
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.
PART
1819
SMALL BUSINESS
PROGRAMS
1819.001 Definitions.
“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
1819.201 General policy.
(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.
(c)
The Assistant Administrator for Small and Disadvantaged Business Utilization
(Code K) is the Agency official responsible for carrying out the duties in FAR 19.201(c).
(d)(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.
(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.
(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
1819.602 Procedures.
1819.602-1 Referral.
(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.
1819.602-370 NASA Procedures.
(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.
1819.708 Contract clauses.
(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)
1819.804 Evaluation,
offering, and acceptance.
1819.804-1 Agency evaluation.
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.
Subpart
1819.10--Small Business Competitiveness Demonstration
Program
1819.1005 Applicability.
(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
1819.7000 General.
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.
1819.7002 Contracting officer responsibility.
(a) Contracting officers must seek out as
potential sources small disadvantaged business concerns, women-owned small
business concerns, historically black colleges or universities and minority
institutions, and give full consideration to these entities to satisfy NASA
requirements. The participation of NASA
prime contractors is also essential to meeting the Agency’s 8 percent goal.
(b)
NASA Policy Directive (NPD) 5000.2, Uniform Methodology
for Determination of Small Disadvantaged Subcontracting Goals, contains
guidance on developing realistic goals.
It is applicable to acquisitions expected to exceed $50 million,
including options. The methodology may
be used for lesser value acquisitions.
1819.7003 Contract clause.
The contracting officer shall insert the
clause at 1852.219-76, NASA 8 Percent Goal, in all solicitations and
contracts other than those below the simplified acquisition threshold or when
the contract, together with all its subcontracts, is to be performed entirely
outside of any State, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and the Trust Territory
of the Pacific Islands.
Subpart 1819.71--NASA Rural Area Small Business Plan
1819.7101 Definition.
"Rural
area" means a county with a population of fewer than twenty thousand
individuals.
1819.7102 General.
Pursuant to Public Law 100-590, NASA
established a Rural Area Business Enterprise Development Plan, including
methods for encouraging prime and subcontractors to use small business concerns
located in rural areas as subcontractors and suppliers. One method is to encourage the contractor to
use its best efforts to comply with the intent of the statute.
1819.7103 Solicitation provision and contract clause.
The contracting officer shall insert the
clause at 1852.219-74, Use of
Rural Area Small Businesses, in solicitations and contracts that offer
subcontracting possibilities or that are expected to exceed $500,000
($1,000,000 for construction of public facility) unless the contract, together
with all its subcontracts, is to be performed entirely outside of any State,
territory, or possession of
the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and the Trust
Territory of the Pacific Islands.
Subpart
1819.72--NASA Mentor-Protégé Program
1819.7201 Scope of subpart.
The NASA Mentor-Protégé Program is designed to
incentivize NASA prime contractors to assist small disadvantaged business (SDB)
concerns, Historically Black Colleges and Universities (HBCUs), minority
institutions (MIs), and women-owned small business (WOSB) concerns,
