§ 14-1.1302-7 Heads of procuring activities.

(a) The head of each procuring activity (see § 14-1.206 of this chapter) is responsible for administering the Department's Small and Disadvantaged Business Program within that activity. This responsibility may be assigned to other qualified senior level official(s) designated by the head of the procuring activity.

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(b) The head of each procuring activity, or designee, shall take immediate positive action to ensure maximum practicable participation of small and disadvantaged business concerns the procurement opportunities of the organization. This action shall include, but not be limited to, the following: (1) Establishment of aggressive small business and disadvantaged business goals based on the annual review of advance procurement plans (see § 14-1.5000 of this chapter). These goals shall be expressed as a percentage of planned procurement dollars and submitted in accordance with the requirements of § 14-1.1351 of this chapter.

(2) Full utilization of available Small Business and Disadvantaged Business vendor listing, directories, and query systems to ensure that eligible and qualified Small and Disadvantaged Business concerns are included on bidders mailing lists and source lists.

(3) Providing training opportunities for all personnel involved in carrying out the Department's Small and Disadvantaged Business Program so as to effectively assist such businesses seeking to do business with the government.

(4) Appointment of a qualified, full time Business Utilization and Development Specialist (BUDS) for each procurement office within a procuring activity which has annual contract dollar awards of $20 million or more. When volume of procurement and contract activity warrants it, a fulltime BUDS may be appointed for procurement offices with annual contract dollar awards of less than $20 million. A qualified, part-time BUDS shall be appointed for each procurement office which has annual contract dollar awards of less than $20 million and in

which the volume of procurement and contract activity does not justify a full time BUDS (see § 14-1.1302-8 of this chapter).

(5) Establishment and issuance of operating procedures which fully implement this subpart § 14-1.13 and which, as a minimum are to be followed by all personnel involved in carrying out the Department's Small and Disadvantaged Business Program. Such procedures shall include, but not be limited to, the following actions:

(i) A review of each pocurement requirement in excess of $10,000 to determine the opportunity for award to the Small Business Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) (see § 1-1.713 of this title). A search shall be made for small business and small disadvantaged business concerns including those located in rural areas for the inclusion of such concerns on the bidders mailing lists and source lists (see § 14-1.1350 of this chapter).

(ii) Regular consultations with the designated BUDS, other procuring activities of the Department, and other Federal agencies, to ensure that a sufficient number of small business and small disadvantaged business concerns are identified on the bidders mailing lists and other source lists, and to further ensure that such lists are periodically updated and fully utilized in the solicitation of bids and proposals.

(iii) With regard to small disadvantaged business concerns on existing bidders mailing lists and other source lists, maintain records showing the number of such concerns solicited and the total dollar amount of awards to each (See § 14-1.1351(b)(3) of this chapter).

(iv) Whenever practicable, recommend small business and labor surplus area set-asides for each procurement requirement that cannot be awarded to the Small Business Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) (See §§ 1-1.706 and 1-1.804 of this title).

(v) Ensure to the maximum extent practicable, that procurement specifications and requirements are written in such a way as to enhance the possibility of participation by small and disadvantaged business concerns.

(vi) Assist in the counseling of small business and small disadvantaged business concerns on matters relating to future procurement opportunities and appropriate procedures for participating in the Department's procurement requirements. However, this does not include the advance release of information regarding specific procurements in process (See §§ 1-1.1006 and 1-3.802(c)(4) of this title).

(vii) Review all proposed procurements to explore the possibility of dividing the work into components or subcomponents suitable for participation by small business or small disadvantaged business concerns. Ensure that the estimated dollar amount of a particular requirement is not used as a determining factor in soliciting small disadvantaged business concerns for participation in the award of contracts to the Small Business Administration under the Section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(viii) Ensure that all competitive procurements and procurements offering subcontracting opportunities are synopsized in the Commerce Business Daily in a timely fashion and that the maximum practicable response time is provided title).

(See § 1-1.1003-6 of this

(ix) Facilitate participation of small business and small disadvantaged business enterprises concerns by providing them with counsel and advice on matters relating to preparation of bids and proposals, allowance for time for preparation of bids and proposals, quantities of articles or services required, specifications, delivery schedules, bonding requirements, level of effort estimates (when appropriate), and any other relevant procurement information that will aid and assist such concerns in competing for contract opportunities with the Department.

(x) Ensure that each solicitation which incorporates the clauses prescribed under § 14-1.1310-2 of this chapter contains a conspicuous notice of the requirements for submission of a small business and small disadvantaged business subcontracting plan. Ensure that a thorough review is made of subcontracting plans submitted by bidders/offerors, in consultation with

the BUDS of the particular procuring activity.

(xi) Take full advantage of the services offered by the Small Business Administration's Field Procurement Center Representatives, and the local Office of the Minority Business Development Agency, Department of Commerce, in order to ensure that ample procurement opportunities are provided to small business and small disadvantaged business concerns.

(xii) Provide debriefings to unsuccessful small and small disadvantaged business concerns upon request. The debriefing should place special emphasis on the deficiencies of the proposal so that the small and small disadvantaged businesses will be able to enhance their future solicitation responses based on the knowledge gained (See § 1-3.103(c) of this title).

(xiii) Whenever practicable attend and participate in local procurement conferences, seminars, and meetings on matters relating to small and small disadvantaged business concerns. Apprise such concerns of procurement opportunities and obtain a working knowledge of their capabilities. Invite members of small business and small disadvantaged business trade and professional organizations, the Minority Business Development Agency, Department of Commerce, to speak at Department sponsored procurement conferences and to participate in small business and small disadvantaged business procurement workshops, seminars, and forums.

(xiv) By using Optional Form 61 (see §§ 1-1.16.804-5 and 1-16.902-OF-61 of this title) or, upon OMB approval, the Federal Quarterly Summary Subcontracting Report form, obtain data on subcontract awards to small business and small disadvantaged business concerns from all prime contractors having contracts which contain the clauses prescribed under § 14-1.1310-2 of this chapter. Negative reports are also required.

(xv) Maintain data on contract and subcontract awards to small business and small disadvantaged business concerns and make such data available to the procuring activity personnel responsible for submitting required reports (see § 14-1.1351 of this chapter.)

(xvi) In negotiating subcontracting plans, exercise sound judgment and flexibility in determining percentage goals for small business and small disadvantaged business subcontractors by considering known circumstances and market conditions, (e.g., cases where it is clearly known and established that an insufficient number of small or small disadvantaged business concerns are available within a reasonable geographical area); document all facts and circumstances.

(xvii) Ensure that each contract for the procurement of goods and services which has an anticipated value of less than $10,000 and which is subject to small purchase procedures be reserved exclusively for small business unless the Contracting Officer is unable to obtain offers or quotations from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods and services being purchased (See § 14-1.1310-3 of this chapter).

(xviii) Ensure that the practice of making awards under Section 8(a) of the Small Business Act prior to the actual identification of an 8(a) source is not used to prolong availability of annual funds and that no letter contracts are issued to SBA unless expressly required by mission urgency.

(xix) To the extent practicable, encourage utilization of the Commerce Business Daily's new "Numbered Note" system #100 in procurements of $500,000, or more, which offer substantial subcontracting opportunities for small and small disadvantaged business concerns.

§ 14-1.1302-8 Business utilization and development specialists.

The head of each procuring activity shall appoint full time and part-time Business Utilization and Development Specialists (BUDS) within each procurement office in accordance with the provisions set forth in § 14-1.13027(b)(4) of this chapter. Part-time BUDS positions shall be allocated a minimum of 50% of their time for performance of small business and small disadvantaged business functions. Persons designated as BUDS shall take

positive actions that will result in the maximum practicable achievement of the small and disadvantaged business program objectives. The duties and responsibilities of BUDS shall include, but not be limited to the following:

(a) Participate in procurement planning and evaluation activities including the review of and written concurrence in advance procurement plans; participate in the determination on annual small and disadvantaged business goals; and coordinate with the Contracting Officer in the review and evaluation of all small and small disadvantaged business subcontracting plans submitted by potential prime contractors.

(b) Review of each procurement requirement in excess of $10,000 received in the procurement office to determine the potential for award to the Small Business Administration in accordance with Section 8(a) of the Small Business Act (15 U.S.C. 637(a)). Subsequent to each review, the BUDS shall advise the appropriate Contracting Officer in writing, of all recommendations citing rationale for same.

(c) Assist program and procurement personnel in the development of the technical proposal evaluation criteria to ensure that such criteria and their assigned weighting factors are realistic representation of the Government's actual need for requirements. For example, if the experience of the key or principal individual(s) is significant to the successful performance of the procurement requirement, the BUDS shall ensure that the evaluation factor for "key personnel" is given greater weight than the factor for company experience.

(d) In concert and cooperation with the Contracting Officer, ensure that bonding requirements for nonconstruction contracts are not arbitrarily or capriciously imposed and that when such requirements are needed, the amount required does not exceed that absolutely necessary to protect the best interest of the Government.

(e) Ensure that the procuring activity is kept abreast of new and/or revised small and small disadvantaged business enterprise regulations, policies, procedures and other related information. Compile data and prepare

all reports pertaining to small business and small disadvantaged business activities. Ensure that small and small disadvantaged business reporting data is current, accurate, and complete.

(f) Maintain all records and files necessary to demonstrate that maximum efforts have been taken to implement an aggressive, effective, and viable small and disadvantaged business program.

(g) Assist contracting personnel in the review of large complex procurements to explore the feasibility of the requirement being divided into reasonably small lots suitable for participation by small and small disadvantaged business concerns.

(h) Participate in debriefing sessions with unsuccessful small and small disadvantaged business bidders and offerors. The debriefing should place special emphasis on the deficiencies of the proposal or bid so that the small or small disadvantaged business concern will be able to enhance its further responses to solicitations based on the knowledge gained.

(i) Actively and aggressively seek out and contact small business and small disadvantaged business concerns

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having actual or potential capabilities to fulfill procurement requirements. In this regard, BUDS shall continuously coordinate with local and regional officials of the Minority Business Development Agency (MBDA), Department of Commerce, and the Small Business Administration (SBA) advise them at the earliest possible date of projected or potential requirements for which small and small disadvantaged business concerns will be sought. To the extent practicable, make maximum use of SBA's Procurement Automated Source System (PASS) in searching out and identifying small and small disadvantaged business sources.

(j) Assist in the establishment and maintenance of current source lists of small and small disadvantaged business concerns. Ensure that all small and small disadvantaged business concerns seeking to do business with the Department's procuring activity are listed under all commodity and service classifications in which the firms have demonstrated capabilities.

(k) Advise and counsel small and disadvantaged business representatives on the various ways and means of enhancing their participation in Government procurement by: (1) Explaining bid and proposal submission requirements; (2) serving as liaison person to ensure that small and disadvantaged business concerns are granted access to appropriate program and project personnel; and (3) directing small and disadvantaged business concerns to SBA or MBDA for certification of 8(a) eligibility, financial assistance, management assistance, and any other business or technical assistance offered by such organizations and their funded components in the private sector.

(1) Provide small and small disadvantaged business concerns with a source list of large business firms solicited for any proposed procurements that contain any of the small and small disadvantaged business subcontracting clauses specified in § 14-1.1310-2 of this chapter.

(m) Contact procuring activities of other Federal agencies which procure like or similar goods and services for the purpose of increasing and expanding the list of small and small disadvantaged business sources maintained by the procuring activity.

(n) Establish contact with local small and small disadvantaged business trade and professional associations and Indian tribal councils to apprise them of the procuring activity's needs and recurring procurement requirements.

(0) Actively participate in the programs and activities of the local Minority Business Opportunity Committees (MBOC) as well as other relevant small and small disadvantaged business activities on the local level.

(p) Periodically sponsor or participate in local procurement conferences, workshops, or trade fairs in order to attract potential small and small disadvantaged business contractors and to apprise them of current and projected contracting opportunities. Such conferences, workshops, or trade fairs should normally be held in conjunction with other Departmental activities, activities of other Federal agencies, or the activities of a responsible

local SBA or MBDA funded organization.

(q) Invite members of small and small disadvantaged business trade, business and professional associations, MBOC Chairpersons, MBDA and SBA representatives to speak at conferences, workshops, seminars and other similar type forums to increase program and personnel awareness small and small disadvantaged business concerns and capabilities.

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(r) To the extent practicable, participate in all training opportunities related to the Department's Small and Disadvantaged Business Program.

(s) Encourage the establishment of local, regional and national small and small disadvantaged business Steering Committees or Councils, for the purpose of exploring new ways of increasing contract awards to such concerns. The committees or councils should be comprised of the BUDS and the appropriate procurement and program management officials responsible for the procurement placement of organizational resources and requirements. These groups should meet as often as necessary, preferably not less than quarterly, to review the progress of the organization's complete small and disadvantaged business program and make recommendations for improvement.

(t) To the extent practicable, actively participate in the negotiation process on all procurements generated through the Small Business Adminisration in accordance with Section 8(a) of the Small Business Act (15 U.S.C. 637(a)). Such participation shall be coordinated with the Contracting Officer and shall include all phases of the However, the negotiation process.

degree of involvement should not adversely impact the effective performance of the other duties and responsibilities set forth in § 14-1.1302-6 of the chapter.