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Found 6 results

  1. Is it permissible to award an 8(a) sole source single award AE IDIQ? FAR 36.101 appears to prevent such a contemplated award, as requirements exist within FAR Subpart 36.6 that may be challenging to meet under such an acquisition type. A Few Relevant References (Specific Areas of Interest Included as Blue Font): Subpart 36.1 - General 36.101 Applicability. (a) Construction and architect-engineer contracts are subject to the requirements in other parts of this regulation, which shall be followed when applicable. (b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved. 36.602 Selection of firms for architect-engineer contracts. 36.602-1 Selection criteria. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts, the relative utility of alternative methods and feasible ways to prescribe the use of recovered materials and achieve waste reduction and energy-efficiency in facility design (see part 23). 36.602-3 Evaluation board functions. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. Your thoughts are most appreciated!
  2. According to the Small Business Administration (SBA), small businesses are the lifeblood of the U.S. economy. In fact, small businesses create two-thirds of net new jobs and drive U.S. innovation and competitiveness. The contributions of small businesses are so great that federal legislation has been enacted to ensure that small businesses have fair and equitable access to federal spending. This legislation includes the requirement that federal agencies meet goals for small business and establishes several socioeconomic categories by which they can do so. The SBA negotiates with agencies to establish individual agency goals that, in the aggregate, constitute government-wide goals. There are 24 agencies that are subject to meeting socioeconomic goals, and the NIH Information Technology Acquisition and Assessment Center (NITAAC), through our Best in Class Government-Wide Acquisition Contracts (GWACs), is uniquely poised to assist each of these agencies in meeting their goals and fulfilling their information technology-related missions. Goals Met with CIO-SP3 Small Businesses The NITAAC CIO-SP3 Small Business GWAC features a wide variety of leading small business innovators and can be used by any federal, civilian or DoD agency to fulfill information technology requirements and meet socioeconomic goals. CIO-SP3 Small Business boasts pre-vetted contract holders in key socioeconomic categories, such as: 8(a): The SBA 8(a) Program is an essential instrument for helping socially and economically disadvantaged entrepreneurs gain entry in government contracting. This certification is intended for organizations that are owned and controlled at least 51% by socially and economically disadvantaged individuals. The CIO-SP3 Small Business GWAC features 133 8(a) designated Contract Holders. Historically Underutilized Business Zones (HUBZone): The government limits competition for certain contracts to businesses in HUBZones. It also gives preferential consideration to those businesses in full and open competition. The CIO-SP3 Small Business GWAC features 22 HUBZone small businesses located in underutilized urban and rural communities. Service-Disabled Veteran-Owned Small Business (SDVOSB): The SDVOSB designation is given to small businesses that are at least 51% owned and controlled by one or more service-disabled veterans. The CIO-SP3 Small Business GWAC features 53 SDVOSB Contract Holders. Women-Owned Small Business (WOSB): To help provide a level playing field for women business owners, the government limits competition for certain contracts to businesses that participate in the WOSB Federal Contracting Program. In fact, the federal government's goal is to award at least five percent of all federal contracting dollars to women-owned small businesses each year. The CIO-SP3 Small Business GWAC features 21 dynamic Women-Owned Small Businesses. NITAAC Has You Covered No matter your socioeconomic goal, CIO-SP3 Small Business can help you meet it. To learn more about CIO-SP3 Small Business, visit https://nitaac.nih.gov/services/cio-sp3-small-business.
  3. I have a question regarding a set aside RFP that is 8(a) but the NAICS code is 561110 (sm size standard 7.5mil) Our company is an 8(a) usually operating in the 54 NAICS series (sm size standard 15mil). It looks like with our 2014 revenues, our 3 year average will exceed the 7.5 mil. However, the solicitation is marked set aside for 8(a) not small business, even though the NAICS code is 561110. Can anyone advise if we can pursue this solicitation?
  4. Does the multiple award preference at FAR 16.504 apply to sole source awards pursuant to FAR Subpart 19.8? My contracting office has been requested to issue a solicitation sole source to an 8(a) firm for a single award IDIQ services contract. I know that authority for sole source contracts is found at FAR 6.302-5(b )(4) and FAR Subpart 19.8. However, my reading is that for IDIQ contracts, FAR 16.504 still applies. Hence the multiple award preference described FAR 16.504( c) would still apply and as such, in order to pursue a single award IDIQ, the Contracting Officer would have to document the file with a determination that a single award is most appropriate, giving consideration to the content provided at FAR 16.504( c)(1)(ii). The requirements are not for manufacturing, will not exceed $4M total, and are not for advisory and assistance services. My inclination is to push for a competitive procurement, perhaps an 8(a) or other small business set-aside if the market research supports it.
  5. Scenario: ANC aquires non-ANC 8(a) about to graduate. Seller still small and will be set up as stand-alone subsidiary by the ANC. Can ANC re-apply for another 9 years in the 8(a) program for its new subsidiary?
  6. I work for an 8(a) certified small business, primarily doing business with DoD, which is quickly growing and will soon exceed the size standards for remaining Small under the applicable NAICS codes in our industry. Many of our current contracts are 8(a) sole-source awards. The 8(a) sole source route will not be an option for us in the near future, however our existing customers are would still like us to have the opportunity to compete for the work on a full and open basis. I am researching the process for removing a contract from the 8(a) Business Development, and would appreciate any insights on the following: 1. I've reviewed 13 CFR 124.504, which provides a process for releasing a requirement from the 8(a) program; however, it seems to require that the incumbent nevertheless be eligible as a small business, and that the follow-on contract be procured as a small business set-aside, WOSB, HubZone, etc. but not Full and Open. 2. I came across a 2010 Court of Federal Claims case, K-LAK Corporation v. United States, that involved an Air Force contract which was an 8(a) sole-source. The Air Force declined to exercise the option on the 8(a) sole-source award, and subsequently procured the items through a Federal Supply Schedule (FSS). The SBA provided notice to the Air Force that the requirement could not be withdrawn from the 8(a) program, but Air Force did so anyway. The court held that the small business set-aside requirements under FAR part 19 do not apply to orders made through Federal Supply Schedules, and consequently, the Air Force was not required to comply with "the rule of Two or any of the other regulations applicable to small businesses that the plaintiff relies upon..." https://interact.gsa.gov/sites/default/files/cofc_-_ok_to_use_fss_when_procurement_is_currently_set_aside.pdf This case was recently (November 27, 2012) cited and reaffirmed in Kingdomware Technologies, Inc. v. United States, where the court stated that it is "well-settled that when placing an order against the FSS, the agency is exempt from the small business set-aside programs under FAR Part 19." http://www.uscfc.uscourts.gov/sites/default/files/FIRESTONE.KINGDOMWARE112712.pdf This is fascinating, as it seems to suggest that a contract may be removed freely from the 8(a) program as long as the Government procures the follow-on contract through an FSS. I'd like to make sure that I'm interpreting this correctly, and is there anything I'm missing here? 3. If a DOD agency wishes to procure a follow-on contract to an 8(a) sole-source through an FSS using Full and Open competition, is there a process in terms of notifying the SBA, completing a J&A or anything else? Are there any special forms that need to be completed? I appreciate your assistance very much! Thanks.
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