# PART 1319 - SMALL BUSINESS PROGRAMS

Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.

Source: 75 FR 10570, Mar. 8, 2010, unless otherwise noted.

Subpart 1319.2 - Policies.

1319.201 General policy.

1319.202 Specific policies.

1319.202-70 Small business set-aside review form.

Subpart 1319.5 - Set-Asides for Small Business

1319.502 Setting aside acquisitions.

1319.502-3 Partial set-asides.

1319.505 Rejecting Small Business Administration recommendations.

Subpart 1319.6 - Certificates of Competency and Determination of Responsibility

1319.602 Procedures.

1319.602-1 Referral.

Subpart 1319.7 - The Small Business Subcontracting Program

1319.705 Responsibilities of the contracting officer under the subcontracting assistance program.

1319.705-4 Reviewing the subcontracting plan.

Subpart 1319.8 - Contracting With the Small Business Administration (the 8(a) Program)

1319.800 General.

1319.811 Preparing the contracts.

1319.811-3 Contract clauses.

1319.812 Contract administration.

## Subpart 1319.2 - Policies.

### 1319.201 General policy.

(a) The DOC Office of Small and Disadvantaged Business Utilization (OSDBU) is headed by a Director who shall report and be responsible to the Deputy Secretary on matters of policy and legislative requirements.

(b) Each Contracting Office shall appoint Small Business Specialists to assist the HCA in effectively implementing the small business programs, including achieving program goals.

### 1319.202 Specific policies.

Procurement actions valued above $100,000 will be reviewed by the Director, OSDBU, or designee for the purpose of making recommendations for solicitation/award under FAR Part 19.

### 1319.202-70 Small business set-aside review form.

Form CD 570, Small Business Set-Aside Review, shall be submitted for approval to the Operating Unit Counsel Small Business Specialist, and forwarded to the OSDBU for approval. If applicable, the Form CD 570 will be submitted to the SBA Procurement Center Representative (PCR) for review. The Form CD 570 is required for:

(a) Procurement actions valued above $100,000;

(b) Modifications to existing contracts that add new work valued over $550,000 or that increase the total contract cost to over $550,000;

(c) Consolidation of two or more procurement requirements for goods and services.

## Subpart 1319.5 - Set-Asides for Small Business

### 1319.502 Setting aside acquisitions.

### 1319.502-3 Partial set-asides.

A partial set-aside shall not be made if there is a reasonable expectation that only two capable concerns (one large and one small) will respond with offers unless the set-aside is authorized by the designee set forth in CAM 1301.70.

### 1319.505 Rejecting Small Business Administration recommendations.

(a) The designee authorized to render a decision on the Small Business Administration's appeal of the contracting officer's decision is set forth in CAM 1301.70.

(b) In response to SBA's appeal to the agency head, the designee authorized in CAM 1301.70 shall forward justification for their decision to the agency head.

(c) The designee authorized in CAM 1301.70 shall reply to the SBA within 30 working days after receiving the appeal. The decision of the designee shall be final.

## Subpart 1319.6 - Certificates of Competency and Determination of Responsibility

### 1319.602 Procedures.

### 1319.602-1 Referral.

When the contracting officer determines that the successful small business offeror lacks certain elements of responsibility, the contracting officer will withhold award and refer the matter to the cognizant Small Business Administration Government Contracting Area Office. A copy of the referral shall be provided to the Director of the OSDBU.

## Subpart 1319.7 - The Small Business Subcontracting Program

### 1319.705 Responsibilities of the contracting officer under the subcontracting assistance program.

### 1319.705-4 Reviewing the subcontracting plan.

The prime contractor's proposed subcontracting plan shall be reviewed by the contracting officer for adequacy, ensuring that the required information, goals, and assurances are included. The contracting officer may obtain advice and recommendations from the SBA procurement center representative, the contracting activity's small business specialist and the DOC OSDBU. The CO shall give the reviewers sufficient time and information to review the plan and ask questions.

## Subpart 1319.8 - Contracting With the Small Business Administration (the 8(a) Program)

### 1319.800 General.

(a) By Partnership Agreement between the Small Business Administration (SBA) and the Department of Commerce, the SBA delegated authority to the Senior Procurement Executive to enter into 8(a) prime contracts and purchase orders. To implement this authority, the Senior Procurement Executive has authorized a class FAR deviation to applicable portions of FAR Subpart 19.8 and FAR Part 52. Under the class deviation, the authority to enter into 8(a) prime contracts and purchase orders is re-delegated to contracting officers.

(b) When awarding 8(a) contracts and purchase orders, contracting officers shall operate in accordance with the terms of the Partnership Agreement and take full advantage of the streamlined procedures in the agreement. Contracting officers shall review the responsibilities and procedures for 8(a) awards as outlined in the Partnership Agreement and work closely with their respective Small Business Specialists and the OSDBU.

(c) The Partnership Agreement contains the procedures for submitting an offer letter to the appropriate SBA office. Contracting officers shall provide a copy of all offering letters to the OSDBU when they are transmitted to SBA.

### 1319.811 Preparing the contracts.

### 1319.811-3 Contract clauses.

(a) The contracting officer shall insert the clause 1352.219-70, Section 8(a) Direct Award (Deviation), in direct contracts and purchase orders processed under the Partnership Agreement. The clauses at FAR 52.219-11, Special 8(a) Contract Conditions, 52.219-12, Special 8(a) Subcontract Conditions, and 52.219-17, Section 8(a) Award, shall not be used.

(b) The contracting officer shall insert the clause 1352.219-71, Notification to Delay Performance (Deviation), in solicitations and purchase orders issued under the Partnership Agreement.

(c) The contracting officer shall insert the clause 1352.219-72, Notification of Competition Limited to Eligible 8(a) Concerns, Alternate III (Deviation), when the acquisition is processed under the Partnership Agreement.

### 1319.812 Contract administration.

Awards under the Partnership Agreement are subject to 15 U.S.C. 637(a)(21). These contracts shall contain the clause 1352.219-70, Section 8(a) Direct Award (Deviation), which requires the contractor to notify the SBA and the contracting officer when ownership of the firm is being transferred.