04-33

Procurement Notice


April 25, 2008

UPDATE TO NASA FAR SUPPLEMENT (NFS) SMALL BUSINESS POLICIES

 

BACKGROUND:  This Procurement Notice (PN) revises the NASA FAR Supplement (NFS) to reflect the following updates to Small Business (SB) policy:

  1.  NFS 1804.601(d)(1) is being added to the NFS to clarify that only actions awarded to SBA certified HUBZone small businesses are to be counted towards HUBZone goal achievement when reporting information in the Federal Procurement Data System (FPDS).  This requirement replaces and streamlines guidance previously provided through Procurement Information Circular (PIC) 02-13.         

   2.  NFS 1815.304(c)(4)(B) is being revised to provide that the proposed Small Disadvantaged Business (SDB) subcontracting goal shall not be discretely evaluated, but should be included in the evaluation of the cumulative goal for all the small business categories identified in the plan when proposed small business goals are evaluated under competitive negotiated acquisitions.  Further, NFS 1815.304(c)(4)(C) is being modified to provide that solicitations should not contain suggested targets for the expected participation when evaluating the participation of SDBs in designated NAICS Industry Subsectors as determined by the Department of Commerce.  Proposed SDB participation levels shall be evaluated based on a standard of reasonableness relative to the offeror’s proposed effort.  These requirements replace guidance previously provided through PIC 99-11. 

   3.  NFS 1819.201(e)(i) is being revised to clarify that small business specialists, whether full-time or part-time, report directly to the Procurement Officer when performing the duties of a small business specialist. 

   4.  NFS 1819.800(f) is being added to the NFS to reference the Memorandum of Understanding between the Small Business Administration and NASA to allow direct Contracting with 8(a) firms by NASA.  Specific guidance on the implementation of the MOU is found in PIC 99-21, which also will be referenced at NFS 1819.800.

   5.  NFS 1819.812(d) is being added to the NFS to require Contracting Officers to coordinate planned requests for waiver of an 8(a) contract termination with the Headquarters Office of Procurement (Program Operations Division) prior to submitting a notification of a request for waiver to the Small Business Administration.  This requirement replaces the guidance previously provided through PIC 98-1.

 

ACQUISITIONS AFFECTED BY CHANGES:  Solicitations issued or new contract actions initiated after the issuance date of this PN. 

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Ensure compliance with various updated Small Business policies set forth in this PN. 

 

PROVISION AND CLAUSE CHANGES:   None.   

 

PARTS AFFECTED:  Parts 1804, 1815, and 1819.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace 4:5, 4:6, 4:7, 4:8, 15:7, 15:8, 15:8.1, and Part 1819 of the NFS. 

 

TYPE OF RULE AND PUBLICATION DATE:  These changes do not have a significant effect beyond the internal operating procedures of NASA and do not have a significant cost or administrative impact on contractors or offerors, and therefore do not require codification in the Code of Federal Regulations or publication for public comment. 

 

HEADQUARTERS CONTACT:  Diane Thompson, Office of Procurement, Contract Management Division, (202) 358-0514, email: Diane.Thompson@nasa.gov.      

 

/s/

William P. McNally

Assistant Administrator for Procurement

 

 

Enclosures

 

 

DISTRIBUTION LIST:

  PN List 



Subpart 1804.5--Electronic Commerce in Contracting

 

1804.570 NASA Acquisition Internet Service (NAIS).

 

1804.570-1 General.

   The NASA Acquisition Internet Service (NAIS) provides an electronic means for posting procurement synopses, solicitations, and associated  information on the NAIS Internet site which in turn, automatically posts relevant information onto the Governmentwide point of entry (GPE).

 

1804.570-2 Electronic Posting System.

  (a) The NAIS Electronic Posting System (EPS) enables the NASA procurement staff to --

          (1)  Electronically create and post synopses on the NAIS Internet site and the GPE; and

          (2)  Post solicitation documents, including solicitation amendments or cancellations, and other procurement information on the NAIS Internet site with linked references on the GPE.

   (b) The EPS maintains an on-line index linking the posted synopses and solicitations for viewing and downloading.

   (c) The EPS shall be used to --

          (1)  Create and post all synopses in accordance with FAR Part 5 and NFS 1805; and

          (2)  Post all competitive solicitation files, excluding large construction and other drawings, for acquisitions exceeding $25,000.

   (d) The NAIS is the official site for solicitation postings which in turn, automatically posts relevant information onto the Government-wide point of entry (GPE).  In the event supporting materials, such as program libraries, cannot be reasonably accommodated by the NAIS, Internet sites external to NAIS may be established after coordination with the contracting officer.  Such sites must be linked from the NAIS business opportunities index where the solicitation resides.  External sites should not duplicate any of the files residing on the NAIS.

 

Subpart 1804.6--Contract Reporting

 

1804.601 Record requirements.

   The Headquarters Office of Procurement, Analysis Division, is responsible for meeting the requirements of FAR 4.601, based on installation validation and approval of data entered into the Federal Procurement Data System.

   (d)(1) Centers shall ensure that only actions awarded to SBA certified HUBZone small businesses are counted towards HUBZone goal achievement when reporting information in the Federal Procurement Data System (FPDS).  Such businesses must be determined by SBA as eligible to receive HUBZone contracts prior to the time of proposal submission.

 

1804.604 Responsibilities.

  (c)  Centers must perform a statistically-valid verification and validation of FPDS-NG data twice per year on a minimum of 25 percent of center actions.  The procurement officer must certify data accuracy and completeness.  Specific process requirements are as follows:

         (i)  A cross-section of contract actions (delivery orders, purchase orders, funding actions, new contract awards, grants, cooperative agreements, etc.) shall be reviewed to provide visibility into the various types of actions that the center executes.  The Office of Federal Procurement Policy (OFPP) requires a statistically-valid data verification and validation process, and each center is responsible for developing a statistically-valid method of contract action selection. If the center reviews greater than 25 percent of its actions per center guidance, the reviews should continue at the level required by the center.   

         (ii) Validation and verification must be conducted by an organization or person that did not award the contracts being reviewed.  The reviews may be performed by contractor personnel as long as the individual was not involved in the award of the contract action under review and the review function is within the scope of the contract with NASA. 

         (iii)  The review shall include the following fields in FPDS-NG:

   (A)  Extent Competed – was competition recorded correctly?

               (B)  Type of Set-Aside – was the correct type of set-aside chosen?

               (C)  Contracting Officer’s Business Size Selection – was the correct business size selected?

               (D)  Type of Small Business Award (SWOB, SVOB, HUBZONE, etc.).

               (E)  Dollar Amount of the Action.

               (F)  Place of Manufacture.

               (G)  Advisory and Assistance Services – was the field checked if the contract action was for advisory and assistance services?

               (H)  Description of Requirement – is there a meaningful description provided?  A meaningful description is one that includes something other than the effort title and/or the type of effort (e.g., “Phase II SBIR” or “Space Shuttle Engine Modification”). 

               (I)  Performance-Based Acquisition – was the field checked if the contract action was performance-based?  (This field must be checked in the basic and in each modification).

               (J)  Procurement Placement Code (PPC) – was the correct PPC used? 

               (K)  Vendor Data in the Central Contractor Registration (CCR) – does data displayed in FPDS-NG match data in CCR?

               (L)  Product/Service Code – when multiple codes apply, does the code selected adequately describe the preponderance of work being performed under the contract?

         (iv)  Errors or discrepancies identified during the review must be documented and corrected in FPDS-NG and PRISM/CMM.  Current year awards must be reviewed, but if an error is identified that has been carried forward from the basic award, the basic award must be corrected.           (v)  Errors identified in CCR data and the basic contract award information input by another agency (when placing orders) cannot be corrected by NASA, but must still be reported. 

         (vi)  The procurement officer shall submit the review results and the certification to the Office of Procurement Analysis Division on or before the 30th of May and November of each year.  The May review covers the period from October 1 through March 31, and the November review covers the period from April 1 through September 30.  The reviews may be included as a part of center self-assessment activities or as stand alone activities.  Centers may elect to conduct reviews on a more frequent basis (e.g., quarterly or monthly) and include this data in the report accompanying the twice-yearly certifications.       

         (vii)  The procurement officer must sign the certification letter.  The letter must state that the verification and validation review has been accomplished and must certify data accuracy and completeness.  The certification letter must be accompanied by an Excel spreadsheet which identifies the contract actions reviewed, the findings for each field identified in 1804.604(c)(iii), the changes (if any) required, and the date that the changes were accomplished in FPDS-NG and/or CMM/PRISM. 

         (viii)  Each center must identify a primary focal point and one alternate for FPDS-NG data verification and validation responsibility.  The focal point is responsible for establishing and coordinating the center’s review process and ensuring that reviews comply with the requirements of this section and the OFPP mandate for independent review of contract actions.  The focal point must also ensure that certifications (with required Excel spreadsheet data) are provided to the Office of Procurement Analysis Division by the established due dates.  Focal point and/or alternate changes must be promptly provided to the Analysis Division.

         (ix)  Each center shall develop and maintain an FPDS-NG Data Validation and Verification Implementation Plan.  The implementation plan must describe the method to be used in arriving at a statistically-valid sample representing a cross-section of center contract actions, the percentage of actions to be reviewed by the center twice yearly, the Excel spreadsheet template to be provided with the certification, the frequency of planned reviews, and the center plan for ensuring that the reviews are conducted by an organization or person that did not award the contracts being reviewed.  The procurement officer must provide a copy the center’s implementation plan, and any changes or updates, to the Office of Procurement Analysis Division.    

 

Subpart 1804.8--Government Contract Files

 

1804.802-70 Handling of classified material.

   When a contract is unclassified, classified material relating to that contract shall be maintained in a separate file folder and container, and the unclassified folder shall be marked to indicate the location of the classified material.  The front and back of each folder containing classified material shall be marked with the highest classification assigned to any document in the folder.

 

1804.803 Contents of contract files.

 

1804.803-70 Checklist.

   NASA Form 1098, Checklist for Contract Award File Content, shall be used as the "top page" in contract files.

 

1804.804 Closeout of contract files.

 

1804.804-2 Closeout of the contracting office files if another office administers the           contract.

   (b)  Upon receiving  the NASA Form 1611 or DD Form 1594, Contract Completion Statement, from the contract administration office and complying with FAR 4.804-2(b), the contracting officer shall complete the form.

 

1804.804-5 Procedures for closing out contract files.

   (a)  When the contracting office retains contract administration (excluding acquisitions under the simplified acquisition threshold), the contracting officer must comply with FAR 4.804-5(a) by completing NASA Form 1612, Contract Closeout Checklist, and DD Form 1593, Contract Administration Completion Record.

   (b)  To comply with FAR 4.804-5(b), the contracting officer must complete NASA Form 1611 or DD Form 1594, Contract Completion Statement, except for acquisitions under the simplified acquisition threshold.

 

1804.805 Storage, handling, and disposal of contract files.

   (a)  See NPR 1441.1, NASA Records Retention Schedules.

 

1804.805-70 Review, separation, and retirement of contract files.

   (a)  Upon determination of contract completion under the procedures outlined in 1804.804, each office shall remove the official contract files from the active file series, mark each file folder with "Completed (Date)", and place the folder in a completed (inactive) contract file series.  Separate series should be established for contracts of $25,000 or less and for contracts of more than $25,000, to facilitate later disposal.  Any original or official file copies of documents contained in duplicate or "working" contract files shall be removed and placed in the appropriate official file; any remaining material in the duplicate or "working" file shall be destroyed immediately or segregated and marked for early disposal.

   (b)  Each office shall review contractor "general" files (i.e., a file containing documents relating generally to a contractor rather than a specific contract) at least once annually and remove documents that --

         (1)  Are obsolete or superseded documents relating generally to the contractor (e.g., documents no longer pertinent to any aspect of a contractor's current or future capability, performance, or programs, and documents relating to a contractor that is no longer a possible source of supplies, services, or technical assistance)  and dispose of the documents as authorized in 1804.805; or

         (2)  Pertain only to completed contracts.  Place those files that are not routine in nature in inactive files for later disposal, and immediately dispose of routine documents as authorized in NPR 1441.1, NASA Records Retention Schedules.

 

Subpart 1804.9--Taxpayer Identification Number Information

 

1804.904 Reporting payment information to the IRS.

   Each NASA installation, that has its own employer identification number, may elect to report to the IRS payments under purchase orders and contracts for merchandise and other exempt bills.

  

Subpart 1804.70--Transfer of Contracting Office Responsibility

 

1804.7000 Scope of subpart.

   This subpart contains policies and procedures applicable to the transfer of contracts between NASA installations.

 

1804.7001 Definition.



1815.300-70 Applicability of subpart.

   (a)(1) Except as indicated in paragraph (b) of this section, NASA competitive negotiated acquisitions shall be conducted as follows:

            (i) Acquisitions of $50 million or more -- in accordance with FAR 15.3 and this subpart.

            (ii) Other acquisitions -- in accordance with FAR 15.3 and this subpart except section 1815.370 and use of a mission suitability factor and numerical scoring is optional.

       (2) Estimated dollar values of acquisitions shall include the values of multiple awards, options, and later phases of the same project.

   (b) FAR 15. 3 and this subpart are not applicable to acquisitions conducted under the following procedures:

       (1) Announcements of Opportunity (see Part 1872).

       (2) NASA Research Announcements (see 1835.016-71).

       (3) The Small Business Innovative Research (SBIR) program and the Small Business Technology Transfer (STTR) pilot program under the authority of the Small Business Act (15 U.S.C. 638).

       (4) Architect and Engineering (A&E) services (see FAR 36.6 and 1836.6).

 

1815.303 Responsibilities.

   (a) The SSA shall be established at the lowest reasonable level for each acquisition. Notwithstanding the FAR designation of the contracting officer as SSA, the SSA for center acquisitions shall be established in accordance with center procedures.  For acquisitions designated

as Headquarters selections, the SSA will be identified as part of the Master Buy Plan process (see 1807.71).

   (b)(i) The source selection authority (SSA) is the Agency official responsible for proper and efficient conduct of the source selection process and for making the final source selection decision. The SSA has the following responsibilities in addition to those listed in the FAR:

            (A) Approve the source selection approach, rating method, evaluation factors, subfactors, the weight of the evaluation factors and subfactors when used, and any special standards of responsibility (see FAR 9.104-2) before release of the RFP, or delegate this authority to appropriate management personnel;

            (B) Appoint the source selection team.  However, when the Administrator will serve as the SSA, the Official-in-Charge of the cognizant Headquarters Program Office will appoint the team; and

            (C) Provide the source selection team with appropriate guidance and special instructions to conduct the evaluation and selection procedures.

   (b)(ii)  See 1803.104-70 for restrictions on participating in evaluation or selection of proposals.

   (b)(2) Approval authorities for Acquisition Plans and Procurement Strategy Meetings are in accordance with 1807.103.

 

1815.304 Evaluation factors and significant subfactors.

   (c)(4)(A) Small Business Utilization shall be evaluated as a subfactor under the Mission Suitability factor.  The Small Business Utilization subfactor shall provide for a separate and distinct evaluation of Small Business plans and SDB participation.  If a Mission Suitability factor is not used, Small Business Utilization, including a separate and distinct evaluation of SDB concerns, shall be evaluated as a separate factor or subfactor, as appropriate.

       (B) NASA estimated goals should be specified for each small business category in solicitations that require the submission of a subcontracting plan under 52.219-9.  When estimated goals are evaluated in competitive negotiated acquisitions, the suggested SDB subcontracting goal shall not be discretely evaluated, but should be included in the evaluation of the cumulative goal for all the small business categories identified in the plan.

       (C) In solicitations that include the FAR 19.12 evaluation of participation of SDBs in the designated North American Industry Classification System (NAICS) codes, NASA estimated targets should not be specified for the expected participation.  Proposed SDB participation levels shall be evaluated based on a standard of reasonableness relative to the offeror’s proposed effort.  SDB concerns that choose the FAR 19.11 price evaluation adjustment shall receive the lowest possible score/rating under the FAR 15.304(c)(4) evaluation.

 

  1815.304-70 NASA evaluation factors.

   (a) Typically, NASA establishes three evaluation factors:  Mission Suitability, Cost/Price, and Past Performance.  Evaluation factors may be further defined by subfactors.  Evaluation subfactors should be structured to identify significant discriminators, or "key swingers" - the essential information required to support a source selection decision.  Too many subfactors undermine effective proposal evaluation.  All evaluation subfactors should be clearly defined to avoid overlap and redundancy.

   (b) Mission Suitability factor.

       (1) This factor indicates the merit or excellence of the work to be performed or product to be delivered.  It includes, as appropriate, both technical and management subfactors.  Mission Suitability shall be numerically weighted and scored on a 1000-point scale. (See 1815.300-70(a)(1)(ii).)

       (2) The Mission Suitability factor may identify evaluation subfactors to further define the content of the factor.  Each Mission Suitability subfactor shall be weighted and scored.  The adjectival rating percentages in 1815.305(a)(3)(A) shall be applied to the subfactor weight to determine the point score.  The number of Mission Suitability subfactors is limited to five.  The Mission Suitability evaluation subfactors and their weights shall be identified in the RFP.

       (3) For cost reimbursement acquisitions, the Mission Suitability evaluation shall also include the results of any cost realism analysis.  The RFP shall notify offerors that the realism of proposed costs may significantly affect their Mission Suitability scores.

       (4) If the solicitation requires the submission of a Safety and Health Plan (see 1823.7001(c) and NPR 8715.3, NASA Safety Manual, Appendix H), safety and health must be a consideration in the evaluation.  The Mission Suitability factor, if used, shall include a subfactor for safety and health.

   (c) Cost/Price factor.  This factor evaluates the reasonableness and, if necessary, the cost realism, of proposed costs/prices.  The Cost/Price factor is not numerically weighted or scored.

   (d) Past Performance factor.

       (1) This factor indicates the relevant quantitative and qualitative aspects of each offeror's record of performing services or delivering products similar in size, content, and complexity to the requirements of the instant acquisition.

       (2) The RFP shall instruct offerors to submit data (including data from relevant Federal, State, and local governments and private contracts) that can be used to evaluate their past performance.  Typically, the RFP will require:

            (i) A list of contracts similar in size, content, and complexity to the instant acquisition, showing each contract number, the type of contract, a brief description of the work, and a point of contact from the organization placing the contract.  Normally, the requested contracts are limited to those received in the last three years.  However, in acquisitions that require longer periods to demonstrate performance quality, such as hardware development, the time period should be tailored accordingly.

            (ii) The identification and explanation of any cost overruns or underruns, completion delays, performance problems, and terminations. 

   (3) The contracting officer may start collecting past performance data before proposal receipt.  One method for early evaluation of past performance is to request offerors to submit their past performance information in advance of the proposal due date.  The RFP could also include a past performance questionnaire for offerors to send their previous customers with instructions to return the completed questionnaire to the Government.  Failure of the offeror


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)

    1819.800                              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.

 

 

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.  

   (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 re