“Exceeding Your Goals” “Thinking Over ... - APTAC

1 Exceeding Your Goals Thinking Over Bundled and Consolidated Contracts Janis Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago Procurement Center Representative (PCR) link: Janis Kaiser, PCR SBA Office of Government Contracting, Area IV, Chicago (312) 353-7442 Valerie Coleman, PCR SBA Office of Government Contracting, Area V, Houston or 281-483-1549 Dwight A. Johnson, PCR SBA Office of Government Contracting, Area IV, Omaha (402) 221-7206 Reminders: the correct NAICS codes for women - owned small business set-asides by checking only approves 8(a) JV agreements at this time.

2 Do not state in your solicitation that a JV or teaming agreement must be approved by SBA. protests FAR Part staff FAR Part of Competency FAR Part plans FAR Part SBA Area Directors, Office of Government Contracting ( questions begins during the final 10 minutes. Or contact problems? Contact the moderator with a note or call AT&T Connect Support at 1-888-796-6118. state page numbers for those working of hard copies of the program. cover the SBA Quick Reference as time allows. is limited to federal acquisition and related staff, SBA, and Procurement Technical Assistance Center (PTAC) staff. Your nearest PTAC: ( ) Welcome to SBA Virtual Learning 2016 FY 2016 Topic Presenters SBA Area 1 October 7, 2015 8(a) business Development Jackquline Robinson-Burnette HDQTRS 2 November 4, 2015 women - owned small business Ken Silvia III 3 December 2, 2015 SBA Surveillance Reviews 2016 Valerie Coleman V 4 January 6, 2016 Consolidation/Bundling Jan Kaiser IV 5 February 3, 2016 SDVOSB Keith Waye I 6 March 2, 2016 Partial SB Set-Asides Jan Kaiser IV 7 April 6, 2016 Market Research.)

3 Dynamic small Bus Search Valerie Coleman V 8 May 4, 2016 HUBZ ones Mariana Pardo HDQTRS 9 June 1, 2016 SBA Size Standards David Gordon IV 10 July 13, 2016 Nonmanufacturer Rule Janice Nietes VI 11 August 3, 2016 SBA Subcontracting Assistance (CMRS) Stephanie Lewis V 12 August 17, 2016 Special TBD: Limitations on Subcontracting TBD HDQTRS 1102 FIRST WEDNESDAY VIRTUAL LEARNING SERIES 2016 9:30 to 10:30 Central Time Self-service: Fill in your name on the certificate slide and save. Phoning in only? Send an email immediately to to verify your participation. If you listen in groups, send emails fo participants in an excel document.

4 Post program email. This contains a time sensitive .wmv recording, a transcript of the program, along with another copy of the program PowerPoint. Welcome and thank-you for your support of small business . One Continuous Learning Point Exceeding Your Goals Thinking Over Bundled and Consolidated Contracts Janis Kaiser, Procurement Center Representative SBA Office of Government Contracting, Area IV, Chicago Definitions, FAR Contract Contract means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated In addition to bilateral instruments, contracts orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications.

5 For discussion of various types of contracts, see Part 16. 13 CFR Definitions of consolidation (c) Consolidation of contract requirements, consolidated contract, or consolidated requirement means a solicitation for a single contract or a Multiple Award Contract to: (1) Satisfy two or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under two or more separate contracts each of which was lower in cost than the total cost of the contract for which the offers are solicited, the total cost of which exceeds $2 million (including options); or (2) Satisfy requirements of the Federal agency for construction projects to be performed at two or more discrete sites.

6 small business may still compete on a consolidated contract Contract Consolidation is: Bundled contracts Consolidated contracts Bundled contracts are a subset of consolidated contracts: All bundled contracts are consolidated contracts. Bundled and consolidated contracts Definitions, FAR Bundling (1) Consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to- (i) The diversity, size, or specialized nature of the elements of the performance specified; (ii) The aggregate dollar value of the anticipated award; (iii) The geographical dispersion of the contract performance sites.

7 Or (iv) Any combination of the factors described in paragraphs (1)(i), (ii), and (iii) of this definition. 12 Definitions, FAR Bundling , continued (2) Separate smaller contract as used in this definition, means a contract that has been performed by one or more small business concerns or that was suitable for award to one or more small business concerns. (3) Single contract as used in this definition, includes- (i) Multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources (see FAR (c)); and (ii) An order placed against an indefinite quantity contract under a- (A) Federal Supply Schedule contract; or (B) Task-order contract or delivery-order contract awarded by another agency ( , Government wide acquisition contract or multi-agency contract).

8 (4) This definition does not apply to a contract that will be awarded and performed entirely outside of the United States. 13 small business unlikely to be able to compete on a bundled contract Contract Bundling is: Structuring the Requirement Acquisition planners, to the maximum extent practicable, shall (1) Structure contract requirements to facilitate competition by and among small business concerns; and (2) Avoid unnecessary and unjustified bundling that precludes small business participation as contractors FAR (u) 15 Market Research If an agency contemplates awarding a bundled contract, the agency should consult with the local small business Administration (SBA) procurement center representative (PCR).

9 If a PCR is not assigned, contact the SBA Office of Government Contracting Area Office serving the area in which the procuring office is located. The PCR directory is at: FAR (c)(1) 16 Market Research (cont d) Conduct market research to determine whether bundling is necessary and justified. Market research may indicate that bundling is necessary and justified if an agency or the Government would derive measurably substantial benefits FAR (a) and 15 644(e)(2) 17 Benefit Analysis The contracting officer must justify bundling in acquisition strategy documentation. In assessing whether cost savings would be achieved through bundling, the contracting officer must consider the cost that has been charged or, where data is available, could be charged by small business concerns for the same or similar work.

10 18 Benefit Analysis Without power of delegation, the service acquisition executive for the military departments, USD(AT&L) for DoD, or the Deputy Secretary or equivalent for the civilian agencies may determine that bundling is necessary and justified when (1) The expected benefits do not meet the thresholds of measurably substantial but are critical to the agency s mission success; AND (2) The acquisition strategy provides for maximum practicable participation by small business concerns. FAR (c) 19 Benefit Analysis The agency must quantify the identified benefits and explain how their impact would be measurably substantial. Reduction of administrative or personnel costs alone is not sufficient justification for bundling unless the cost savings are expected to be at least 10 percent of the estimated contract or order value (including options) of the bundled requirements.