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DFARS 219



Part 219-Small Business Programs

TABLE OF CONTENTS

219.000 Scope of part.

219.001 Definitions.

SUBPART 219.2--POLICIES

219.201 General policy.

219.202 Specific policies.

219.202-1 Encouraging small business participation in acquisitions.

219.202-5 Data collection and reporting requirements.

SUBPART 219.3--DETERMINATION OF STATUS AS A SMALL BUSINESS
CONCERN

219.301 Representation by the offeror.

219.302 Protesting a small business representation.

219.302-70 Protesting a small disadvantaged business representation.

219.304 Solicitation provisions.

SUBPART 219.4--COOPERATION WITH THE SMALL BUSINESS
ADMINISTRATION

219.401 General.

SUBPART 219.5--SET-ASIDES FOR SMALL BUSINESS

219.501 General.

219.502 Setting aside acquisitions.

219.502-1 Requirements for setting aside acquisitions.

219.502-2 Total set-asides.

219.502-2-70 Total set-asides for small disadvantaged business concerns.

219.502-3 Partial set-asides.

219.502-4 Methods of conducting set-asides.

219.504 Set aside program order of precedence.

219.505 Rejecting small business administration recommendations.

219.506 Withdrawing or modifying set-asides.

219.508 Solicitation provisions and contract clauses.

219.508-70 Solicitation provisions and contract clauses.

SUBPART 219.6--CERTIFICATES OF COMPETENCY

219.602 Procedures.

219.602-1 Referral.

219.602-3 Resolving differences between the agency and the small business

SUBPART 219.7--SUBCONTRACTING WITH SMALL BUSINESS, SMALL
DISADVANTAGED BUSINESS AND WOMEN-OWNED SMALL BUSINESS
CONCERNS

219.702 Statutory requirements.

219.703 Eligibility requirements for participating in the program.

219.704 Subcontracting plan requirements.

219.705 Responsibilities of the contracting officer under the subcontracting

219.705-2 Determining the need for a subcontracting plan.

219.705-4 Reviewing the subcontracting plan.

219.706 Responsibilities of the cognizant administrative contracting officer.

219.708 Solicitation provisions and contract clauses.

SUBPART 219.8--CONTRACTING WITH THE SMALL BUSINESS
ADMINISTRATION (THE 8(A) PROGRAM)

219.800 General.

219.803 Selecting acquisitions for the 8(a) Program.

219.804 Evaluation, offering, and acceptance.

219.804-1 Agency evaluation.

219.804-2 Agency offering.

219.804-3 SBA acceptance.

219.805 Competitive 8(a).

219.805-2 Procedures.

219.808 Contract negotiations.

219.808-1 Sole source.

219.811 Preparing the contracts.

219.811-1 Sole source.

219.811-2 Competitive.

219.811-3 Contract clauses.

219.812 Contract administration.

SUBPART 219.10--SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM

219.1005 Applicability.

219.1006 Procedures.

219.1007 Solicitation provisions.

SUBPART 219.70--EVALUATION PREFERENCE FOR SMALL
DISADVANTAGED BUSINESS (SDB) CONCERNS

219.7000 Policy.

219.7001 Applicability.

219.7002 Procedures.

219.7003 Solicitation provisions and contract clauses.

SUBPART 219.71--PILOT MENTOR-PROTEGE PROGRAM

219.7100 Scope.

219.7101 Policy.

219.7102 General.

219.7103 Procedures.

219.7103-1 General.

219.7103-2 Contracting officer responsibilities.

219.7104 Developmental assistance costs eligible for reimbursement or credit.

219.7105 Reporting.

SUBPART 219.72--EVALUATION PREFERENCE FOR SMALL
DISADVANTAGED BUSINESS (SDB) CONCERNS IN CONSTRUCTION
ACQUISITIONS--TEST PROGRAM

219.7200 Policy.

219.7201 Administration of the test program.

219.7202 Applicability.

219.7203 Procedures.

219.7204 Contract clause.

219.000 Scope of part.

This part also implements 10 U.S.C. 2323, which sets a goal for DoD for each of fiscal years 1987 through 2000 to-

219.001 Definitions.

The definition of "small disadvantaged business concern" to be used for DoD contracts is in the provision at 252.219-7000 and is more restrictive than the definition in

FAR 19.001.

SUBPART 219.2--POLICIES

219.201 General policy.

219.202 Specific policies.

219.202-1 Encouraging small business participation in acquisitions.

The DoD will maximize the use of small business concerns as planned producers in the Industrial Readiness Planning Program.

219.202-5 Data collection and reporting requirements.

Determine the premium percentage to be entered in Item D4E of the Individual Contract Action Report (DD Form 350), (see 253.204-70), as follows-

SUBPART 219.3--DETERMINATION OF STATUS AS A SMALL BUSINESS CONCERN

219.301 Representation by the offeror.

219.302 Protesting a small business representation.

219.302-70 Protesting a small disadvantaged business representation.

This section applies to protests of a small business concern's status as socially and economically disadvantaged. Protests of a concern's size are processed under FAR 19.302. Any offeror, the contracting officer, or the Small Business Administration (SBA) may protest a concern's representation of disadvantaged status.

The appeal must be filed with the SBA's Associate Administrator for Minority Small Business and Capital Ownership Development within five working days after receipt of the determination. If the contracting officer receives the SBA's decision on the appeal before award, the decision shall apply to the instant acquisition. If the decision is received after award, it will apply to future acquisitions.

219.304 Solicitation provisions.

SUBPART 219.4--COOPERATION WITH THE SMALL BUSINESS ADMINISTRATION

219.401 General.

SUBPART 219.5--SET-ASIDES FOR SMALL BUSINESS

219.501 General.

219.502 Setting aside acquisitions.

219.502-1 Requirements for setting aside acquisitions.

Do not set aside acquisitions for-

219.502-2 Total set-asides.

219.502-2-70 Total set-asides for small disadvantaged business concerns.

219.502-3 Partial set-asides.

When a portion of an acquisition is to be set aside for small business concerns, except acquisitions for commissary or exchange resale, the contracting officer shall give small disadvantaged business concerns preferential consideration by using the procedures in 252.219-7001, Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business (SDB) Concerns.

219.502-4 Methods of conducting set-asides.

219.504 Set-aside program order of precedence.

219.505 Rejecting Small Business Administration recommendations.

219.506 Withdrawing or modifying set-asides.

219.508 Solicitation provisions and contract clauses.

219.508-70 Solicitation provisions and contract clauses.

Use the clause at 252.219-7002, Notice of Small Disadvantaged Business Set-Aside, in solicitations and contracts for small disadvantaged business set-asides. Use the clause with its Alternate I when the contracting officer determines that there are no small disadvantaged business manufacturers that can meet the requirements of the solicitation.

SUBPART 219.6--CERTIFICATES OF COMPETENCY

219.602 Procedures.

219.602-1 Referral.

When making a nonresponsibility determination on a small business concern, the contracting officer shall notify the contracting activity's small business specialist.

219.602-3 Resolving differences between the agency and the Small Business Administration.

SUBPART 219.7--SUBCONTRACTING WITH SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS AND WOMEN-OWNED

SMALL BUSINESS CONCERNS

219.702 Statutory requirements.

219.703 Eligibility requirements for participating in the program.

219.704 Subcontracting plan requirements.

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

219.705-2 Determining the need for a subcontracting plan.

219.705-4 Reviewing the subcontracting plan.

219.706 Responsibilities of the cognizant administrative contracting officer.

219.708 Solicitation provisions and contract clauses.

SUBPART 219.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(A) PROGRAM)

219.800 General.

219.803 Selecting acquisitions for the 8(a) Program.

219.804 Evaluation, offering, and acceptance.

219.804-1 Agency evaluation.

When SBA asks for a requirement for the 8(a) Program, offer the requirement if appropriate, and do not use the small disadvantaged business set-aside procedure. If an acquisition, other than a repetitive acquisition (as described in FAR 19.804-4), was synopsized using either of the notices in 205.207(d)(i) or (ii) before receipt of the SBA request, the request does not have to be honored.

219.804-2 Agency offering.

219.804-3 SBA acceptance.

For requirements processed under the MOU cited in 219.800, SBA's acceptance is required within 5 working days (but see 219.804-2(2) for purchase orders that do not exceed the simplified acquisition threshold).

219.805 Competitive 8(a).

219.805-2 Procedures.

219.806 Pricing the 8(a) contract.

For requirements processed under the MOU cited in 219.800-

219.808 Contract negotiations.

219.808-1 Sole source.

For requirements processed under the MOU cited in 219.800-

219.811 Preparing the contracts.

219.811-1 Sole source.

219.811-2 Competitive.

Awards made under the MOU cited in 219.800 shall be prepared in accordance with 219.811-1.

219.811-3 Contract clauses.

219.812 Contract administration.

SUBPART 219.10--SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM

219.1005 Applicability.

219.1006 Procedures.

219.1007 Solicitation provisions.

Do not use the clause at 252.219-7006, Notice of Evaluation Preference for Small Disadvantaged Business Concerns, in solicitations or contracts for the four designated industry groups.

SUBPART 219.70--EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS (SDB) CONCERNS

219.7000 Policy.

Offers from small disadvantaged business concerns shall be given an evaluation preference in accordance with this subpart.

219.7001 Applicability.

219.7002 Procedures.

219.7003 Solicitation provisions and contract clauses.

Use the clause at 252.219-7006, Notice of Evaluation Preference for Small Disadvantaged Business Concerns, in solicitations and contracts involving the evaluation preference, except those which include the clause at 252.219-7001, Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns. Use the clause with its Alternate I when the contracting officer determines that there are no small disadvantaged business manufacturers that can meet the requirements of the solicitation.

SUBPART 219.71--PILOT MENTOR-PROTEGE PROGRAM

219.7100 Scope.

This subpart implements the Pilot Mentor-Protege Program established under Section 831 of the National Defense Authorization Act for Fiscal Year 1991, Pub. L. 101-510, as amended. The purpose of the Program is to provide incentives for DoD contractors to assist small disadvantaged businesses in enhancing their capabilities and to increase participation of such firms in Government and commercial contracts. Qualified organizations employing the severely disabled, as defined in section 8064A of Pub. L. 102-172, are also eligible to participate as protege firms.

219.7101 Policy.

DoD policy and procedures for implementation of the Program are contained in Appendix I, Policy and Procedures for the DoD Pilot Mentor-Protege Program.

219.7102 General.

The Program includes-

219.7103 Procedures.

219.7103-1 General.

The procedures for application, acceptance, and participation in the program are in Appendix I, Policy and Procedures for the DoD Pilot Mentor-Protege Program. The Director of Small and Disadvantaged Business Utilization, Office of the Under Secretary of Defense (Acquisition and Technology) approves contractors as mentor firms, approves mentor-protege agreements, and forwards approved mentor-protege agreements to the contracting officer when program funding is available through a DoD Program Manager.

219.7103-2 Contracting officer responsibilities.

Contracting officers shall-

219.7104 Developmental assistance costs eligible for reimbursement or credit.

219.7105 Reporting.

Mentor firms shall report on the progress made under active mentor-protege agreements semi-annually as indicated in Section I-111 of Appendix I.

SUBPART 219.72--EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS (SDB) CONCERNS IN CONSTRUCTION ACQUISITIONS--TEST PROGRAM

219.7200 Policy.

DoD policy is to ensure that, during this test program, offers from small disadvantaged business (SDB) concerns shall be given an evaluation preference in construction acquisitions.

219.7201 Administration of the test program.

The test program will be conducted over a 36-month period. The test program will be conducted by all DoD contracting activities that award construction contracts. The focal point for the test program is the Director, Small and Disadvantaged Business Utilization (SADBU), Office of the Deputy Under Secretary of Defense (International and Commercial Programs). The military departments and defense agencies shall submit status reports to the Director, SADBU. The first status report shall be submitted 18 months after initiation of the test program; the second status report shall be submitted 36 months after initiation of the test program. These reports shall specify the impact of the evaluation preference over each of the reporting periods of the test program, and shall provide recommendations with respect to continuation and/or modification of the evaluation preference.

219.7202 Applicability.

219.7203 Procedures.

219.7204 Contract clause.

Use the clause at 252.219-7008, Notice of Evaluation Preference for Small Disadvantaged Business Concerns--Construction Acquisitions--Test Program, in all solicitations-

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