Small Business Administration Approved Awards

Applicable FAR Clauses: Alaska Native Corporations
13CFR125.6 in describing 8(a) contracting:
Where the prime contractor has been directed by the Government to use any specific source for parts, supplies, components subassemblies or services, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs.

19.805 Competitive 8(a).
19.805-1 General.

(a) Except as provided in paragraph (b) of this subsection, an acquisition offered to the SBA under the 8(a) Program shall be awarded on the basis of competition limited to eligible 8(a) firms if-

(1) There is a reasonable expectation that at least two eligible and responsible 8(a) firms will submit offers and that award can be made at a fair market price; and

(2) The anticipated total value of the contract, including options, will exceed $5,000,000 for acquisitions assigned manufacturing North American Industry Classification System (NAICS) codes and $3,000,000 for all other acquisitions.

(b) Where an acquisition exceeds the competitive threshold, the SBA may accept the requirement for a sole source 8(a) award if-

(1) There is not a reasonable expectation that at least two eligible and responsible 8(a) firms will submit offers at a fair market price; or

(2) SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation.

(c) A proposed 8(a) requirement with an estimated value exceeding the applicable competitive threshold amount shall not be divided into several requirements for lesser amounts in order to use 8(a) sole source procedures for award to a single firm.

(d) The SBA Associate Administrator for 8(a) Business Development (AA/8(a)BD) may approve an agency request for a competitive 8(a) award below the competitive thresholds. Such requests will be approved only on a limited basis and will be primarily granted where technical competitions are appropriate or where a large number of responsible 8(a) firms are available for competition. In determining whether a request to compete below the threshold will be approved, the AA/8(a)BD will, in part, consider the extent to which the requesting agency is supporting the 8(a) Program on a noncompetitive basis. The agency may include recommendations for competition below the threshold in the offering letter or by separate correspondence to the AA/8(a) BD.

Non Challenged 8(a) Sole Source Award -13 C.F.R. 124.517(a):
(a) The eligibility of a Participant for a sole source or competitive 8(a) requirement may not be challenged by another Participant or any other party, either to SBA or any administrative forum as part of a bid or other contract protest.

Absence of a Sole Source Dollar Threshold - 13 C.F.R. 124.506(b):
(b) SBA may award a sole source 8(a) contract to a Participant concern owned and controlled by an Indian tribe or an ANC where the anticipated value of the procurement exceeds the applicable competitive threshold if SBA has not accepted the requirement into the 8(a) BD program as a competitive procurement. There is no requirement that a procurement must be competed whenever possible before it can be accepted on a sole source basis for a tribally-owned or ANC- owned concern, but a procurement may not be removed from competition to award it to a tribally-owned or ANC-owned concern on a sole source basis.

Business Mentors to Joint Venture with 8a Protégés - 13 C.F.R. 124.513 & 520:
Allows Approved Other Business Mentors to Joint Venture with 8a Protégés and Perform Together on Sole Source 8(a) Set-Aside Contracts.
Risk to the Government is Mitigated By Local Business Involvement as a Partner.

Entire FAR Part 19:
http://farsite.hill.af.mil/archive/Far/1997/19.htm

19.802 Selecting concerns for the 8(a) Program.
Selecting concerns for the 8(a) Program is the responsibility of the SBA and is based on the criteria established in 13 CFR 124.101-113


19.804 Evaluation, offering, and acceptance.
19.804-1 Agency evaluation.
In determining the extent to which a requirement should be offered in support of the 8(a) Program, the agency should evaluate--
(a) Its current and future plans to acquire the specific items or work that 8(a) contractors are seeking to provide, identified in terms of--
(1) Quantities required or the number of construction projects planned; and
(2) Performance or delivery requirements, including required monthly production rates, when applicable;
(b) Its current and future plans to acquire items or work similar in nature and complexity to that specified in the business plan;
(c) Problems encountered in previous acquisitions of the items or work from the 8(a) contractors and/or other contractors;
(d) The impact of any delay in delivery;
(e) Whether the items or work have previously been acquired using small business set-asides; and
(f) Any other pertinent information about known 8(a) contractors, the items, or the work. This includes any information concerning the firms' capabilities. When necessary, the contracting agency shall make an independent review of the factors in 19.803(a) and other aspects of the firms' capabilities which would ensure the satisfactory performance of the requirement being considered for commitment to the 8(a) Program.

19.804-2 Agency offering.
(a) After completing its evaluation, the agency shall notify the SBA of the extent of its plans to place 8(a) contracts with the SBA for specific quantities of items or work. The notification must identify the time frames within which prime contract and subcontract actions must be completed in order for the agency to meet its responsibilities. The notification must also contain the following information applicable to each prospective contract:
(1) A description of the work to be performed or items to be delivered, and a copy of the statement of work, if available.
(2) The estimated period of performance.
(3) The SIC code that applies to the principal nature of the acquisition.
(4) The anticipated dollar value of the requirement, including options, if any.
(5) Any special restrictions or geographical limitations on the requirement (for construction and services include the location of the work to be performed).
(6) Any special capabilities or disciplines needed for contract performance.
(7) The type of contract anticipated.
(8) The acquisition history, if any, of the requirement including the names and addresses of any small business contractors, which have performed this requirement during the previous 24 months.
(9) A statement that no solicitation for this specific acquisition has been issued as a small business set-aside or a small disadvantaged business set-aside, and that no other public communication (such as a notice in the Commerce Business Daily) has been made evidencing the contracting agency's clear intention to set aside the acquisition for small business or small disadvantaged business.
(10) Identification of any particular 8(a) concern designated for consideration, including a brief justification, such as--
(i) The 8(a) concern, through its own efforts, marketed the requirement and caused it to be reserved for the 8(a) Program; or
(ii) The acquisition is a follow-on or renewal contract and the nominated concern is the incumbent.
(11) Bonding requirements, if applicable.
(12) Identification of all known 8(a) concerns, which have expressed an interest in this specific requirement as a result of self-marketing, response to sources sought, or publication of advanced acquisition requirements.
(13) Identification of all SBA district or regional offices which have asked for the acquisition for the 8(a) Program.
(14) A recommendation, if appropriate, as to whether the acquisition should be competitive or sole source.
(15) Any other pertinent and reasonably available data. b) (1) An agency offering a construction requirement should submit it to the SBA District Office for the geographical area where the work is to be performed.
(2) Sole source requirements, other than construction, should be forwarded directly to the district office that services the nominated firm. If the contracting officer is not nominating a specific firm, the offering letter should be sent to SBA Headquarters, Office of Minority and Capital Ownership Development, 409 3rd Street, SW, Washington, DC 20416.
(c) In order to ensure consistency and uniformity, all requirements for 8(a) competition shall be offered to and processed by the Division of Business Development, SBA Headquarters. All requirements, including construction, shall be synopsized in the Commerce Business Daily by the cognizant procuring agency. For construction, the synopsis shall include the geographical area of the competition as determined by the Assistant Administrator, Division of Business Development, in consultation with the local SBA district office where the work is to be performed.

19.804-3 SBA acceptance.
( (a) Upon receipt of the contracting agency's offer, the SBA will determine whether to accept the requirement for the 8(a) Program. The SBA's decision whether to accept the requirement will be transmitted to the contracting agency in writing within 15 working days of receipt of the offer, unless the SBA requests, and the contracting agency grants, an extension.
(b) If the acquisition is accepted as a sole source, the SBA will advise the contracting activity of the 8(a) firm selected for negotiation. Generally, the SBA will accept a contracting activity's recommended source.

19.804-4 Repetitive acquisitions.
In order for repetitive acquisitions to be awarded through the 8(a) Program, there must be separate offers and acceptances. This allows the SBA to revalidate a firm's eligibility, to evaluate the suitability of each acquisition as a competitive 8(a), and to determine whether the requirement should continue under the 8(a) Program.

Contracting Process Description (Nakuuruq Specific):
Given Nakuuruq Solutions’ SBA Certified 8(a) Disadvantaged Business status, Government Agencies may choose to contract directly with Nakuuruq Solutions, LLC. If this option is chosen, then the contracting office completes the one-page “PROPOSED PROJECT FOR 8(A) PROGRAM Re: FAR 19.802-2” worksheet or follow FAR Part 19.804 and 805. Sections 19.804-2 and 19.805-1 (b)(2) are the sections that reference the SBA offering information. The Agency can either answer the 15 questions that are in the narrative FAR document or use the attached copy of the SBA proposed project form. This is an easy-to-use offering information form completed by the agency. Either method is acceptable by the SBA. Once completed, the agency can either fax or email it to the contact below:
Alaska SBA contact:
Don Nagel
Phone: 907-271-4841, Fax 907-271-4942
Email: don.nagel@sba.gov
After the offering information is received and processed then it is a simple process of requesting a quote and submitting a purchase order to Nakuuruq.

PROCURING AGENCY:
CONTACT Person, Phone/Fax, email:
Address:

PROJECT LOCATION (INCL COUNTY):
NAICS CODE:
SIZE STANDARD:
BONDING REQUIREMENTS:
DATE RFP PACKAGE AVAILABLE:
START DATE:
PERFORMANCE PERIOD:

OPTIONS
DESCRIPTION OF SCOPE OF WORK :
SPECIAL CAPABILITIES OR DISCIPLINES NEEDED FOR CONTRACT PERFORMANCE (TRADE CATEGORY AS A % OF TOTAL WORK, ETC.):
SPECIAL RESTRICTIONS OR GEOGRAPHICAL LIMITATIONS:
CONTRACT TYPE:
GOVERNMENT ESTIMATE:
ACQUISITION HISTORY, IF ANY (INCL NAMES/ADDRESSES OF ANY SMALL BUSINESS CONTRACTORS WHO HAVE PERFORMED ON THIS SPECIFIC RQUIREMENT DURING THE LAST 24 MONTHS):
ALL 8(a) CONCERNS WHICH HAVE EXPRESSED AN INTEREST IN BEING CONSIDERED FOR THE ACQUISITION:
REQUESTED FIRM AND JUSTIFICATION:

PREPARED BY:
DATE:
TITLE: