Boof

Don,

Sorry I have been on two weeks leave. It is our legal office that told us to not try and fight the protests. This was based on previous decisions that indicated GAO was going to agree with SBA that overseas was not exempt.

We are writing briefings to try and sway SBA and OFPP that setting aside at our overseas posts is not economical or efficient. I personally have little confidence that will get a positive result but our Small Business Office and Procurment Executive are trying.

I work at Department of State. We are getting one protest after another from Latvian Connection. When we do, we withdraw the solicitation and set it aside for American Small Business under FAR Part 19 unless it can only be performed by a local company cost effectively. Then we have to write a justification to file as to why it is dumb to buy from the U.S.

A massive training program for our General Service Officers worldwide in the coming months to train them on FAR 19 which they have never had to deal with before. (They have 1 week of procurement training and $250K warrants) Even our Regional Office in Frankfurt has little knowledge of FAR 19. I have been to several meetings with SBA who are pushing for a FAR change because they say the FAR violates the public law which never exempted overseas purchases.

Beginning October 1, 2015, SBA plans to count all agency dollars into the small business percentages without an exemption for overseas which will drop many agencies considerably. State expects to have our percentage drop 19% to barely over the Governmentwide 23% but unable to meet any subgoals. DoD, State and other agencies provided our negative impacts to SBA and suggested a much longer implementation period but their minds seem made up. The law is the law and it had no exemptions for overseas is thier point of view.