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Gordon Shumway

Fair opportunity vs SBA recommendation

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Maybe I am over thinking this, or perhaps I am taking crazy pills, but if the 'Rule of Two' does not apply to task orders issued under a multiple award IDIQ, does the process outlined under FAR 19.505 -- Rejecting Small Business Administration Recommendations apply? I plan to provide fair opportunity to all MAC holders.

I am hung up on the word 'Recommendations' since under 16.5 it is at the contracting officer's discretion. Under 15, the recommendation holds a ton of weight... does it have the same impact under IDIQ ordering procedures? And within the DOD, there is a designated Office of Small Business representative that reviews and signs off on the DD Form 2579... does their recommendation count as a SBA recommendation (again, we are talking an IDIQ task order)?

Sorry for all of the questions, but the majority is against my gut feeling...

- GS

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An agency SADBUS official's recommendation is not the same as an SBA procurement center representative's recommendation.

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I think you better get your small business specialist involved. See the following excerpt from the CFR:

13 CFR 125.2 - What are SBA's and the procuring agency's responsibilities when providing contracting assistance to small businesses?

§ 125.2 What are SBA's and the procuring agency's responsibilities when providing contracting assistance to small businesses?

(a) General. The objective of the SBA's contracting programs is to assist small business concerns, including 8(a) BD Participants, HUBZone small business concerns, Service Disabled Veteran-Owned Small Business Concerns, Women-Owned Small Businesses and Economically Disadvantaged Women-Owned Small Businesses, in obtaining a fair share of Federal Government prime contracts, subcontracts, orders, and property sales. Therefore, these regulations apply to all types of Federal Government contracts, including Multiple Award Contracts, and contracts for architectural and engineering services, research, development, test and evaluation. Small business concerns must receive any award (including orders, and orders placed against Multiple Award Contracts) or contract, part of any such award or contract, and any contract for the sale of Government property, regardless of the place of performance, which SBA and the procuring or disposal agency determine to be in the interest of:

(1) Maintaining or mobilizing the Nation's full productive capacity;

(2) War or national defense programs;

(3) Assuring that a fair proportion of the total purchases and contracts for property, services and construction for the Government in each industry category are placed with small business concerns; or

(4) Assuring that a fair proportion of the total sales of Government property is made to small business concerns.

( b ) SBA's responsibilities in the acquisition planning process.

(1) SBA Procurement Center Representative (PCR) Responsibilities.

(i) PCR Review.

(A) SBA has PCRs who are generally located at Federal agencies and buying activities that have major contracting programs. At the SBA's discretion, PCRs will review all acquisitions that are not set-aside or reserved for small businesses above or below the Simplified Acquisition Threshold, to determine whether a set-aside or sole source award to a small business under one of SBA's programs is appropriate and to identify alternative strategies to maximize the participation of small businesses in the procurement. This review includes acquisitions that are Multiple Award Contracts where the agency has not set-aside all or part of the acquisition or reserved the acquisition for small businesses. It also includes acquisitions where the agency has not set-aside orders placed against Multiple Award Contracts for small business concerns.

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