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VAAR PART 819 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS


PART 819 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS


PART 819--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

TABLE OF CONTENTS

§819.000

Scope of part.

SUBPART 819.2--POLICIES

§819.201

General policy.

§819.202-5

Data collection and reporting requirements.

§819.202-70

Additional responsibilities.

SUBPART 819.5--SET-ASIDES FOR SMALL BUSINESS

§819.502-2

Total set-asides.

§819.502-3

Partial set asides.

§819.502-70

Documentation and record of procurement request review.

§819.502-71

Required review by the Director, Office of Small and Disadvantaged Business Utilization.

SUBPART 819.6--CERTIFICATES OF COMPETENCY AND DETERMINATION OF ELIGIBILITY

§819.602-3

Appealing Small Business Administration's decision to issue Certificates of Competency.

SUBPART 819.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

§819.800

General.

§819.803

Selecting acquisitions for the 8(a) program.

§819.804

Evaluation, offering, and acceptance.

§819.806

Pricing the 8(a) contract.

§819.806-4

Funding business development expense.

§819.807

Estimating fair market price.

§819.807-70

Commitments of the Office of Facilities Management funded projects for the 8(a) program.

§819.809-70

Procurement of supplies, services, and research and development.

§819.809-71

Procurement of construction.

§819.870

Quarterly report of inability of Small Business Administration regional offices to negotiate 8(a) set-asides.

SUBPART 819.70--VETERAN-OWNED AND OPERATED SMALL BUSINESSES

§819.7001

Policy.

§819.7002

Definition.

§819.7003

Procedure.

§819.7004

Waiver of the use of veteran-owned firms.

§819.7005

Reporting requirements.

PART 819 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

§819.000   Scope of part.

This subpart sets forth the VA small business program including section 8(a) contracts with the Small Business Administration (SBA) and unilateral set-asides. It establishes responsibility for making such determinations, reviewing determinations and evaluation of the program.

SUBPART 819.2 - POLICIES

§819.201   General policy.

§819.202-5   Data collection and reporting requirements.

Administration heads, staff office directors and heads of contracting activities will, in addition to the responsibilities designated in FAR 19.202-5, cooperate with the Office of Small and Disadvantaged Business Utilization in formulating specific socio-economic procurement goals and providing other data necessary for goal assessment.

§819.202-70   Additional responsibilities.

In addition to the duties designated in FAR 19.202, VA contracting officers will perform the following function in furtherance of the small business program:

SUBPART 819.5 - SET-ASIDES FOR SMALL BUSINESS

§819.502-2   Total set-asides.

§819.502-3   Partial set-asides.

When, in accordance with the provisions of FAR 19.502-3, it is determined that a particular procurement will be partially set aside for exclusive small business participation or small business participation, the solicitation for bids will have appropriate product or service classification, appropriate size standard and whichever of the following statement shall be placed on the face page:

Notice of partial set-aside, page _____, applies to item _____ through item _____ in this solicitation.

§819.502-70   Documentation and record of procurement request review.

§819.502-71   Required review by the Director, Office of Small and Disadvantaged Business Utilization.

SUBPART 819.6 - CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF ELIGIBILITY

§819.602-3   Appealing Small Business Administration's decision to issue Certificates of Competency.

Formal VA appeals of an initial concurrence by the SBA Central Office in an SBA Regional Office decision to issue a Certificate of Competency (CoC) will be processed as follows:

SUBPART 819.8 - CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

§819.800   General.

§819.803   Selecting acquisitions for the 8(a) program.

The contracting officer will specify in writing the time limit for SBA to propose an acceptable 8(a) subcontractor. The time limit should be between 30 and 45 days, but may be extended by the contracting officer.   If SBA is unable to furnish an 8(a) subcontractor, the facts will be reported in accordance with §819.870.

§819.804   Evaluation, offering, and acceptance.

§819.806   Pricing the 8(a) contract.

In order to expedite the 8(a) process, SBA should be informed as soon as a disparity between the 8(a) offered price and the estimated fair market price is determined. The SBA and VA contracting office should collaborate to determine if the disparity is:

§819.806-4   Funding business development expense.

If SBA declines to fund the business development expense, it will be reported in accordance with §819.870.

§819.807   Estimating fair market price.

§819.807-70   Commitments of the Office of Facilities Management funded projects for the 8(a) program.

Major and minor projects funded by the Office of Facilities Management (including those delegated to VHA medical fecilities) which have been committed to the 8(a) program will not be withdrawn from that program without the consent of the Office of Small and Disadvantaged Business Utilization (00SB). Requests for consent from 00SB will normally be in writing and will clearly set forth the circumstances necessitating 8(a) withdrawal. If the contracting officer determines that time does not permit a written request, an oral request will be made. Such an oral request will be confirmed in writing.

§819.809-70   Procurement of supplies, services, and research and development.

§819.809-71   Procurement of construction.

Construction projects which have been selected for inclusion in this program will be contracted for as provided in this section and FAR subpart 19.8.

§819.870   Quarterly report of inability of Small Business Administration regional offices to negotiate 8(a) set-asides.

SUBPART 819.70 - VETERAN-OWNED AND OPERATED SMALL BUSINESSES

§819.7001   Policy.

§819.7002   Definition.

A veteran-owned small business is a small business that is at least 51 percent owned by a veteran who also controls and operates the business. Control in this context means exercising the power to make policy decisions. Operate in this context means actively involved in day-to-day management.   For purposes of this definition, eligible veterans include:

§819.7003   Procedure.
(NOTE:   See approved deviation dated May 11, 2001)

§819.7004   Waiver of the use of veteran-owned firms.

It is the policy of VA to provide veteran-owned firms every opportunity to participate in the acquisition process. A contracting office wishing to waive this policy for a particular procurement involving other than small purchase procedures must first process a VA Form 90-2268. The contracting officer must clearly document on VA Form 90-2268 the reasons that eligible veteran-owned firms are not intended to be solicited or quotations sought for the particular procurement.   Exempt from this reporting requirement are SBA 8(a) acquisitions and Labor Surplus Area set-asides. (See §819.502-71.)

§819.7005   Reporting requirements.

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