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PART 719-SMALL BUSINESS

PROGRAMS

Subpart 719.2—Policies

Sec. 719.270 Small business policies. 719.271 Agency program direction and oper

ation. 719.271-1 General. 719.271-2 The USAID Office of Small and

Disadvantaged Business Utilization

(SDB). 719.271-3 USAID contracting officers. 719.2714 Heads of contracting activities. 719.271-5 Cognizant technical officers. 719.271-6 Small business screening proce

dure. 719.271-7 Reports on procurement actions

that are exempted from screening. 719.272 Small disadvantaged business poli

cies. AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435.

SOURCE: 49 FR 13243, Apr. 3, 1984, unless otherwise noted.

(1) Cognizant technical officers shall make positive efforts (see 719.271-5) to identify potentially qualified small and minority business firms during precontract development of activities and shall, with the responsible contracting officers, assure that such firms are given full opportunity to par. ticipate equitably;

(2) Small business set-asides shall be made for all contracts to be executed in USAID/Washington which qualify for small business set-aside action under Part 19 of the FAR; and

(3) Consideration shall be given in appropriate cases to the award of the contract to the Small Business Administration for subcontracting to small business firms pursuant to section 8a of the Small Business Act (15 U.S.C. 637(a)).

(d) This program shall be implemented by all USAID/Washington contracting activities in order to attain these policy objectives. In accordance with 719.271, all USAID/Washington direct-procurement requirements which exceed the simplified acquisition threshold shall be screened for small business opportunities by the Office of Small and Disadvantaged Business Utilization (SDB) except those exempted

Subpart 719.2—Policies 719.270 Small business policies.

(a) In keeping with section 602 of the Foreign Assistance Act of 1961 (22 U.S.C. 2352), as amended, USAID shall, insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of said Act, assist United States small business to participate equitably in the furnishing of supplies and services for Foreign Assistance activities.

(b) It is the policy of USAID to:

(1) Fully endorse and carry out the Government's small business program for placing a fair proportion of its purchases and contracts for supplies, con struction (including maintenance and repair), research and development, and services (including personal, professional, and technical services) with small business, including minority small business concerns; and

(2) Increase their participation in USAID procurement.

(c) In furtherance of this policy:

(e) Where practicable and desirable, small business and minority business enterprise award goals will be established for the respective USAID/Washington procuring activities to provide incentive for contracting personnel to increase awards to small firms. The goals will be set by SDB after consultation with the respective head of the contracting activity (see subsection 702.170-10).

(f) In the event of a disagreement between SDB and the contracting officer concerning: (1) A recommended setaside, or (2) a request for modification or withdrawal of a class or individual set-aside, complete documentation of the case including the reasons for disagreement shall be transmitted within five working days to the head of the contracting activity (see 719.271-6(e)) for a decision. Procurement action shall be suspended pending a decision.

(g) The above suspension shall not apply where the contracting officer:

(1) Certifies in writing, with supporting information, that in order to protect the public interest award must be made without delay;

(2) Promptly provides a copy of said certification to SDB; and

(3) Includes a copy of the certification in the contract file.

(h) SDB shall be the Small Business Advisor and Minority Business Procurement Policy Manager for all USAID/Washington procuring activities.

(i) The details on the Agency's direction and operation of the small business program are set forth in 719.271.

(j) No decision rendered, or action taken, under the coverage set forth in 719.271 shall preclude the Small Business Administration from appealing directly to the USAID Administrator as provided for in part 19 of the FAR. 149 FR 13243, Apr. 3, 1984, as amended at 52 FR 21058, June 4, 1987; 56 FR 67224, Dec. 30, 1991; 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997)

719.271 Agency program direction and

operation.

(b) SDB, headed by the Director SDB, who also serves as the Minority Business Procurement Manager, shall be specifically responsible for:

(1) Developing policies, plans, and procedures for a coordinated Agencywide small business and minority business enterprise procurement program;

(2) Advising and consulting regularly with USAID/Washington procuring activities on all phases of their small business program, including, where practicable and desirable, the establishment of small business and minority business enterprise award goals;

(3) Collaborating with officials of the Small Business Administration (SBA), other Government Agencies, and private organizations on matters affecting the Agency's small business program:

(4) Developing and maintaining an USAID Consultant Registry Information System (ACRIS) of bidders/ offerors (annotated to identify small business and minority business enterprise firms) capable of furnishing services for use by the USAID contracting activities;

(5) Cooperating with contracting officers in administering the performance of contractors subject to the Small Business and Minority Business Enterprises Subcontracting Program clauses;

(6) Developing a plan of operation designed to increase the share of contracts awarded to small business concerns, including small minority business enterprises;

(7) Establishing small business class set-aside for types and classes of items of services where appropriate;

(8) Reviewing each procurement requisition to make certain individual or class set-asides are initiated on all suitable USAID/Washington proposed contract actions in excess of the simplified acquisition threshold which are subject to screening (see 719.271-6);

(9) Maintaining a program designed to:

(i) Locate capable small business sources for current and future procurements through GSA and other methods;

(ii) Utilize every source available to determine if an item is obtainable from small business; and

719.271-1 General.

The purpose of this section is to prescribe responsibilities and procedures for carrying out the small business program policy set forth in 219.270, and in part 19 of the FAR. Small Business concerns are defined in FAR subpart 19.1; in addition, small business concerns are concerns organized for profit. Nonprofit organizations are not considered small business concerns. Small disadvantaged business enterprises are defined in FAR subpart 19.1. Small disadvantaged business enterprises are included in the term "small business" when used in this subpart; specific reference to disadvantaged business enterprises is for added emphasis. 719.271-2 The USAID Office of Small

and Disadvantaged Business Utili.

zation (SDB). (a) SDB is responsible for administering, implementing, and coordinating the Agency's small business (including minority business enterprises) program.

(iii) Develop adequate small business (c) Assuring that small business concompetition on all appropriate pro cerns and minority business entercurements;

prises are appropriately identified on (10) Taking action to assure that un

source lists and abstracts of bids or necessary qualifications, restrictive

proposals by an “S” and “M”, respecspecifications, or other features (such

tively, or other appropriate symbol; as inadequate procurement lead time)

(d) Reviewing types and classes of of the programming or procurement

items and services to determine where process, which may prevent small busi

small business set-asides can be apness participation in the competitive

plied; process, are modified to permit such participation where an adequate prod

(e) Recommending that portions of uct or service can be obtained;

large planned procurements of suitable (11) Recommending that portions of

components of end items or services be large planned procurements or suitable purchased separately so small firms components of end items or services be may compete; purchased separately so small firms (f) Making a unilateral determinamay compete;

tion for total or partial small business (12) On proposed non-competitive pro set-asides in accordance with Subpart curements, recommending to the con 19.5 of the Federal Acquisition Regulatracting officer that the procurement tions; be made competitive when, in the opin (g) Submitting proposed procurement ion of SDB, there are small business or

actions for USAID/Washington conminority business enterprises believed

tracts to SDB for screening (see competent to furnish the required 719.271-6); goods or services, and supplying the

(h) Taking action to assure that uncontracting officer a list of such firms; (13) Assisting small business concerns

necessary qualifications, restrictive with individual problems;

specifications or other features (such (14) Promoting increased awareness

as inadequate procurement lead time) by the technical staff of the avail

of the programming or procurement ability of small business firms;

process which may prevent small busi(15) Making available to GSA copies

ness participation in the competitive of solicitations when so requested;

process are modified to permit such (16) Counseling non-responsive or participation where an adequate prodnon-responsible small business bidders/ uct or service can be obtained; offerors to help them participate more (i) Prior to rendering a final decision effectively in future solicitations; and on a proposed non-competitive procure

(17) Examining bidders lists to make ment action, and as part of his/her certain small business firms are appro findings and determinations, the conpriately identified and adequately rep

tracting officer shall consider the recresented for both negotiated and adver

ommendations, if any, of SDB together tised procurements.

with the latter's list of additional (49 FR 13243, Apr. 3, 1984, as amended at 52 sources; FR 21058, June 4, 1987; 61 FR 39092, July 26, (j) As appropriate, referring small 1996; 62 FR 40468, July 29, 1997)

business concerns, including small mi719.271-3 USAID contracting officers.

nority business enterprises, to SDB for

information and advice; With respect to procurement activi

(k) Promoting increased awareness ties within their jurisidiction, con

by the technical staff of the availtracting officers are responsible for:

ability of small business concerns; (a) Being thoroughly familiar with part 19 of the FAR and this section

(1) Making available to SDB copies of dealing with the small business pro

solicitations when requested; gram;

(m) Assisting SDB in counseling non(b) Screening abstracts of bids and responsive or non-responsible small other award data to determine set business bidders/offerors to help them aside potential for future procure to participate more effectively in fuments;

ture solicitations; and

(n) Including the Small Business and Minority Business Enterprises Subcontracting Program clauses in all contracts where required by part 19 of the FAR.

[49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997)

719.2714 Heads of contracting activi.

ties. In order for the agency small business program to be effective, the active support of top management is required. The heads of the contracting activities shall be responsible for:

(a) Rendering decisions in cases resulting from non-acceptances by their contracting officers of set-aside recommendations made by SDB;

(b) Consulting with SDB in establishing small business and minority business enterprise award goals, where practicable and desirable; and

(c) Advising cognizant technical officers of their responsibilities as set forth in 719.271-5. (49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996)

shall be screened by SDB, with the exception of:

(1) Class set-asides and those unilaterally set-aside by contracting officers (719.271-3(f));

(2) Those where the contracting officer certifies in writing that the public exigency will not permit the delay incident to screening (719.271-7(b));

(3) “Institution building" contracts (contracts for development of a counterpart capability in the host country) with educational or nonprofit institutions; or collaborative assistance contracts pursuant to AIDAR 715.370–2.

(4) Those involving the payment of tuition and fees for participant training at academic institutions; and

(5) Personal services contract requirements (see 719.270).

(b) Preparation of Form USAID 1410-14 (the Small Business/Minority Business Enterprise Procurement Review Form). (1) The contracting officer shall prepare the subject form in an original and 3 copies and forward the original and 2 copies to SDB within one working day of receipt by the contracting activity of a procurement requisition.

(2) The contracting officer will attach to his/her transmittal a complete copy of the procurement request and a copy of the recommended source list as furnished by the technical office and supplemented by him/her.

(3) The contracting officer shall complete blocks 2, 3, 4, 5, 9, and 10 (when appropriate) prior to submittal to SDB.

(c) Screening of Form USAID 141014 by SDB. (1) SDB will screen the contracting officer's recommendations on set-aside potential, small business subcontracting opportunities, and section 8(a) subcontracting, and furnish him her with either a written concurrence in his/her recommendations or written counter-recommendations on the original and duplicate copy within five working days from receipt of the form from the contracting officer.

(2) SDB will complete Blocks 1, 6, 7, 8, 11, and 12 (when appropriate) prior to returning the screened form to the contracting officer.

(d) Concurrence or rejection procedure. (1) The contracting officer shall complete Block 13 upon receipt of the original and duplicate copy of the screened form from SDB.

719.271-5 Cognizant technical officers.

Since the procurement process starts with the establishment of a requirement, the actions of the cognizant technical officers can affect the opportunity of small business to participate equitably; therefore. each cognizant technical officer shall, during the formulation of activities which will require contractual implementation:

(a) Consult with SDB on the availability and capabilities of small business firms to permit making a tentative set-aside determination where appropriate; and

(b) Provide sufficient procurement lead time in the activity implementation schedule to allow potential small business participation. [49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996)

719.271-6 Small business screening

procedure. (a) General. All USAID/Washington proposed contract actions in excess of the simplified acquisition threshold

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