SBA – Government Contracting - North Carolina Military Business
Transcription
SBA – Government Contracting - North Carolina Military Business
SBA’s Government Contracting Programs North Carolina District Office 6302 Fairview Road Suite 300 Charlotte, NC (704)344-6563 www.sba.gov/NC Rev. 12/16/15 The Small Business Champion The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. AGENDA - Definition – What is a Small Business - Why A Small Business Program - Let’s Talk Federal Contracting Certifications 8(a) Business Development Program *Small Disadvantaged Business HUBZone Empowerment Contracting Program *Women-Owned Small Business *Veteran-Owned Small Business *Self-Certification What is a Small Business? According to Federal Acquisition Regulation (FAR 19.001) • Concern: Any business entity organized for profit with a place of business located in the U.S. • Small Business Concern: A concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on government contracts, and qualified as a small business under the criteria and size standards in 13 CFR Part 121. What is a Small Business? The U.S. Small Business Administration defines a "small business“ in terms of… - The number of employees over the past year - Average annual receipts over the past three years Size Standards Vary by Industry Federal Contracting Facts DID YOU KNOW… • The world’s largest buyer of goods and services is the Federal Government. • Historically, The Federal Government purchases totaling an average of $500 Billion Per Year. • Contracts exist for every item imaginable, from paper clips to armored tanks • Federal agencies are required to establish contracting goals, with at least 23 percent of all government buying targeted to small firms. Prime Contracting Government-Wide Procurement Goals SDV 3% HubZone 3% 8(a) / SDB 5% WOSB 5% Other Small Other than Small Get Registered To Conduct Business with the Government MUST register in h&ps://www.sam.gov database -‐ Obtain a “DUNS Number” at website (FREE) to iden=fy your business to the federal government. -‐ AEer comple=ng SAM (System for Award Management), UPDATE the SBA Profile Link in Dynamic Small Business Search (DSBS) Dynamic Small Business Search Veteran-Owned Small Business Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC) Purpose of SDVOSBC Program Provides procuring agencies with authority to set acquisitions aside for exclusive competition among service-disabled veteran-owned small business concerns. Provides authority to make sole source awards to servicedisabled veteran-owned small business concerns. Veteran-Owned Small Business Additional Points to Remember Ø Unique contracting opportunities with the VA SDVOSB VOSB Ø VA determines service disability - SBA determines size, if protested. Ø The Veterans First Contracting Program applies only to purchases made by the Dept of Veterans Affairs. - Only VOSB & SDVOSB are eligible - Must be certified by the Dept of Veterans affairs & listed in the VA’s Vendor Information Pages (VIP database). The federal government has a goal of awarding 3% of all dollars for federal prime contracts to Service Disabled Veteran small business concerns Veteran-Owned Small Business Procurement hierarchy within VA for open market procurements was created which places their highest priority with SDVOB followed by VOSB Go to http:// www.VetBiz.gov and click “Apply for Verification” 8(a) Business Development Program What is the 8(a) Business Development Program? • Section 8(a) of the Small Business Act of 1953. • A business development program created to assist small disadvantaged businesses to self-market and compete in the American economy and access the federal procurement market. 8(a) Eligibility Criteria ü 2 Years in Business in primary NAICS code ü A Small Business ü Potential for Success ü Socially & Economically Disadvantaged ü U.S. Citizen ü 51% or More Ownership ü Good Character SBA May Waive the Two-Year Rule if: • Have substantial and demonstrated business management experience; • Demonstrated technical expertise; • Adequate capital to carry out its business plan; • Successful performance on contracts from governmental and nongovernmental; • Ability to obtain personnel, facilities, equipment, and any other requirements needed to perform such contracts. Social Disadvantage Individuals are presumed to be socially disadvantaged if they are a U.S. Citizen and a member of one of the following groups: • Black American • Asian Pacific American • Hispanic American (includes individuals of Spanish & Portuguese descent) • Na=ve American • Subcon=nent Asian American Determining Factors of Preponderance ü Disadvantage may stem from race, ethnic origin, gender, physical handicap, long term environmental isolation, or other similar causes; ü Must have personally suffered disadvantage in the United States; ü Must be substantial & chronic; ü Must have negatively impacted on business advancement. Net Worth Criteria After excluding the individual’s equity in the firm and equity in the primary residence, net worth may not exceed $250,000 NET WORTH less legi=mate IRA/re=rement acct value(s) less equity in primary residence less equity in business Equals = adjusted net worth Must not exceed $750,000 for Continued Eligibility Funds invested in an Individual Retirement Account (IRA) or other official retirement account that are unavailable to an individual until retirement age without a significant penalty will not be considered in determining an individual's net worth. The Disadvantaged Individual MUST: ü Hold the posi=on of President or Chief Execu=ve Officer, Managing Partner or LLC Managing Member ü Be the highest compensated individual ü Have managerial/technical exper=se ü Have the ability to: -‐ Hire and Fire -‐ Set Policies -‐ Commit firm to contracts -‐ Control Budget and Financial Disbursement ü Devote Full-‐=me to the opera=on Benefits of the 8(a) Business Development Program Business Development Assistance Federal Contracting Opportunities • Simplified Acquisition - Under $150,000 • Sole Source threshold- $4 Million (Services & Construction) and $7 Million (Manufacturing) • Competitive 8(a) Contracting Opportunities above the Sole Source threshold amounts • Mentor/Protégé Opportunities • Joint Venturing Opportunities The federal government has a goal of awarding 5% of all dollars for federal prime contracts to 8(a)-certified small business concerns Where to Send Application APPLICATIONS ARE ACCEPTED ON-LINE http://www.sba.gov/8abd SBA will process your application within 90 days of receipt of a complete application package. 13 CFR 124.202 Self Certification - SDB What is the SDB Program? Created to assist small disadvantaged businesses benefit in Federal procurement and subcontracting with Prime Contractors. “SELF- CERTIFY” Small Disadvantaged Business - SDB SDB - Eligibility Criteria • • • • • A Small Business Socially & Economically Disadvantaged U.S. Citizen 51% or More Ownership Good Character Eligibility Exception for SDB • Personal Net Worth - $750,000 • Full-Time Devotion To Business Not Required • 2-Year in Business Excluded Benefits of SDB Self-Certification • Federal Agencies & Prime Contractors have established goals to award contracts to SDB firms. • Large Prime Contractors with subcontracting plans will receive credit when using “certified” SDB’s as subcontractors. -----------------------NOTE: 8(a) CERTIFIED FIRMS ARE “CERTIFIED SDB” How To Self-Certify https://www.sam.gov HUBZONE Empowerment Contracting Program Enacted into law as part of the Small Business Reauthorization Act of 1997 Created to stimulate economic development and create employment opportunity in urban and rural communities by providing contracting preferences to small businesses. Not to be confused with the State HUB program HUBZONE Eligibility Criteria ü It must be a small business by SBA standards. ü It must be owned and controlled at least 51% by U.S. citizens, or a Community Development Corporation, an Agricultural Cooperative or an Indian Tribe. ü Its principal office must be located within a “Historically Underutilized Business Zone,” which includes lands considered “Indian Country” and military facilities closed by the Base Realignment and Closure Act. ü At least 35% of its employees must reside in a HUBZone. Employees must live in a primary residence within that area for at least 180 days or be a currently registered voter in the area. Are YOU in a HUBZONE? http://map.sba.gov/hubzone/maps/ Benefits of HUBZone Program ü Federal Contracting Opportunities Sole Source Competitive Full & Open ü 10% Price Evaluation Preference in full and open contract competitions, as well as subcontracting opportunities. ü Large Federal Prime Contractors with subcontracting plans will receive credit when using “certified” HUBZone subcontractors. ü Firms in federal empowerment zones and enterprise communities may also benefit from various tax incentives. The federal government has a goal of awarding 3% of all dollars for federal prime contracts to HUBZone-certified small business concerns Apply for HUBZone On-Line http://www.sba.gov/hubzone For Assistance, Please Contact Hubzone@sba.gov SBA Answer Desk 1-800-827-5722 Application processed in Washington, DC Minimum Turn Around Time 45-60 Days Women-Owned Small Business Program Program Overview The Women-Owned Small Business (WOSB) program authorizes Contracting Officers to set aside certain federal contracts for eligible: • Women-Owned Small Businesses (WOSBs) or • Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) The rule for this program became effec=ve in the Federal Acquisi=on Regula=on (FAR) on April 1, 2011 IMPACT of this Program • Levels the playing field for WOSBs to compete for and win federal contracts • Provides procuring agencies a tool to help meet their WOSB contracting goal • Ultimately, the program helps create and retain more jobs for WOSBs The Federal government must award 5% of its prime contracting goal to WOSB’s WOSB & EDWOSB Set Aside Requirements Contrac=ng officers may set aside contracts for WOSBs and EDWOSBs if they meet the following requirements: WOSB Set Aside A complete list of applicable NAICS codes can be found at www.sba.gov/wosb Industries • NAICS code assigned to solicita=on, IFB or quote is in an industry in which WOSBs are substanEally underrepresented EDWOSB Set Aside • NAICS code assigned to solicita=on, IFB or quote is in an industry in which WOSBs are underrepresented (45 4-‐Digit NAICS Designated) (38 4-‐Digit NAICS Designated) Rule of Two • Contrac=ng Officer has • Contrac=ng Officer has reasonable expecta=on that reasonable expecta=on that 2 2 or more WOSBs will or more EDWOSBs will submit submit an offer an offer * Note: All EDWOSBs are WOSBs Award Price * Note: Not all WOSBs are EDWOSBs The Na=onal Defense Authoriza=on Act (NDAA) removed the dollar value caps on WOSB / EDWOSB contract awards. The SBA’s regula=on change was effective May 7, 2013. As of Oct. 14, 2015 WOSB is eligible for Sole Source Contracts • Contract must be awarded at fair market price Eligibility Requirements for • Meet small business size standard for primary NAICS code and contract • At least 51% unconditionally and directly owned by women who are U.S. citizens* • The woman must manage the day-to-day operations • The woman must make the long-term decisions for the business • A woman must hold highest officer position • The woman must work at the business full-time during normal working hours • No minimum amount of time the business has been operational *Community property laws are not considered when looking at ownership. Eligibility Requirements for EDWOSBs Same requirements as WOSBs (on previous page) PLUS: § Personal net worth (assets minus liabili=es) is less than $750,000 excluding: • Ownership in business and primary personal residence • Income reinvested or used to pay taxes of business • Funds reinvested in IRA or other re=rement account* • Transferred assets within two years if to or on behalf of immediate family member for select purposes** * Must be IRA or other official reErement account that is unavailable unEl reErement age without significant penalty ** Select purposes are for that individual’s educaEon, medical expenses or other essenEal support or to family member in recogniEon of special event Eligibility Requirements for EDWOSBs § Adjusted gross income average over three years is $350,000 or less excluding: • Income reinvested or used to pay taxes of business § Fair market value of assets is $6 million or less excluding: • Funds reinvested in IRA or other official re=rement account WOSB Program Certification Self CerEficaEon There are two ways to cer=fy for the WOSB program: • Self CerEficaEon with suppor=ng documents, or • Third Party CerEficaEon with suppor=ng documents FREE, no cost • Register in h&ps://www.sam.gov as WOSB or EDWOSB • Compile and upload all required documents to the repository • NEW!! WOSB Portal! Certify.SBA.GOV • Third Party Certification Register in SAM as WOSB or EDWOSB • Obtain cer=fica=on from an SBA-‐approved Third Party Cer=fier • Compile and upload all required documents to the repository • Represent status in SAM • *** SBA has approved four (4) third party cerEfiers. The approved third parEes are listed on our website at www.sba.gov/wosb WOSB Program Certification The SBA has approved four (4) organizations to act as Third Party Certifiers under the WOSB Program. The four organizations and contact information are: El Paso Hispanic Chamber of Commerce National Women Business Owners Corporation (NWBOC) US Women’s Chamber of Commerce Women’s Business Enterprise National Council (WBENC) Women Owned Small Businesses may elect to use the services of a Third Party Certifier to demonstrate eligibility for the program, or they may self-certify. SBA will only accept third party certification from these entities, and firms are still subject to the same eligibility requirements to participate in the program. WOSB Program Repository – Overview What is the WOSB Repository? • By statute, documents verifying a WOSB/EDWOSBs eligibility must be submiaed to the contrac=ng officer (CO) • Rather than have WOSBs submit documents to the CO, the SBA has created a document warehouse • A WOSB’s documents in the repository can be accessed only by the WOSB, SBA and the CO (only if the firm gives the CO permission to access the documents). How do I get to the Repository? • NEW!! WOSB Portal! Certify.SBA.GOV WOSB Program Repository Welcome to certify.SBA.gov The U.S. Small Business Administration (SBA) has modernized the Women-Owned Small Business (WOSB) Program certification process. Get started online today and manage your eligibility documentation or upload Third-Party Certifications directly from our easy to use dashboard. GET STARTED TODAY! Login OR Create Account New Features Experience a unified SBA contracting program certification process and complete SBA forms directly online. Upload and manage your documents across multiple programs and receive email notifications such as expiration and renewal notices. Am I Eligible? Does your company meet the criteria to participate in the Women-Owned Small Business (WOSB) Program as a Women-Owned Small Business (WOSB) or as an Economically Disadvantaged Women-Owned Small Business? Find Out Upcoming Activities New programs will soon be incorporated onto certify.sba.gov including 8(a) Business Development Program (Fall 2016), HUBZone Program (Spring 2017) and Dynamic Small Business Search (DSBS) (Spring 2017). Certification - LLCs Question: How is a concern certified as an EDWOSB or WOSB? See 13 CFR§127.300 (e) Non-Third Party Certification For a firm to participate in SBA’s WOSB Federal Contracting Program, you must have the following: Limited Liability Companies (LLC) ü Copies of birth certificates, naturalization papers, or unexpired passports for owners who are women ü Copy of the Joint Venture (JV) Agreement, if applicable ü SBA Form 2413 for WOSB (must be signed and dated by owner/managing member) ü *Operating Agreement and any Amendments ü The Assumed/Fictitious Name Certificate ü The Articles of Organization (also referred to as certificate of organization, or articles of formation and any Amendments Certification – Corps and Other Entities Corporation, S Corp, Incorporated, and Other Business Entities ü Copies of birth certificates, naturalization papers, or unexpired passports for owners who are women ü Copy of the Joint Venture (JV) Agreement, if applicable ü SBA Form 2413 for WOSB (must be signed and dated by owner/managing member) ü The Articles of Incorporation and any Amendments ü By-laws and any Amendments ü All stock certificates issued, front and back copies signed in accord with the by-laws (also applies to cancelled stock certificates) ü Stock ledger ü Voting agreements ü The Assumed/Fictitious Name Certificate Certification – Partnership Partnership Agreement ü Copies of birth certificates, naturalization papers, or unexpired passports for the concern in the agreement who is designated as the WOSB ü SBA Form 2413 for WOSB or SBA Form 2414 for the EDWOSB from the designated WOSB/EDWOSB of the contract award ü Copy of the Partnership Agreement and any Amendments (WOSB/EDWOSB must demonstrate 51% ownership/control of the contract award) ü Copy of the Joint Venture (JV) Agreement, if applicable ü All stock certificates issued, front and back copies signed in accord with the by-laws ü The Assumed/Fictitious Name Certificate Certification - Sole-Proprietorship Sole-Proprietorship ü Copies of birth certificates, naturalization papers, or unexpired passports for owners who are women ü SBA Form 2413 (must be signed and dated by owner/managing member) ü The Assumed/Fictitious Name Certificate ü Three (3) years of current income tax (including all schedules and W-2s) ü SBA Form 413 – Personal Financial Statement ü IRS Form 4506-T Request for Tax Transcript from owner (and spouse, if applicable) EDWOSB--Economic Disadvantage Very Important Note: If a business concern wants to be considered economic disadvantage and apply for EDWOSB status, the concern shall upload the required documents according to their business sector above e.g. LLC, Corporations, Incorporated, etc. IN ADDITION to the financial documents for eligibility. ü ⎫ ü ⎫ ü ⎫ ü ⎫ SBA Form 2414 EDWOSB (must be signed and dated by owner/managing member) SBA Form 413, Personal Financial Statement Three (3) years of Current Income Tax (including all schedules) and W-2’s IRS Form 4506-T, Request for Tax Transcript-from you and your spouse (if applicable) *13 CFR § 127.402 Request for Information: SBA will request that the concern or contracting officer provide documentations and information related to the concern’s EDWOSB or WOSB eligibility. These documents will include those submitted under § 127.300 and any other pertinent documents requested by SBA at the time of eligibility examination to verify eligibility, including but not limited to…… In other words, the SBA you may request a resume’ or copies of spouse’s financial documents (if a woman is claiming economic disadvantage), separation agreement, divorce agreement, etc. Small Business Resources - Women Resources available to help answer questions about the WOSB program: www.sba.gov/wosb wosb@sba.gov You will find the latest information about the program on this site, including the Contractor Officer’s Guide for the WOSB program Two Women’s Business Centers in NC assist women in starting and growing their own businesses. } Women’s Business Center of North Carolina 919-956-8889 www.wbcnc.ncimed.org } Women’s Business Center of Fayetteville 910-323-3377 www.wbcfay.org Small Business Resources - SBTDC The Small Business & Technology Development Center (SBTDC) is a business advisory service partially funded by the SBA that provides counseling and training in these areas: Ø Ø Ø Ø Ø Ø Ø Financial Analysis and Access to Capital Research and Marketing Performance Improvement Strategy and Leadership Development Government Procurement International Business Technology Commercialization } NC Small Business & Technology Development Center www.sbtdc.org } NC SBTDC Procurement Technical Assistance Centers www.sbtdc.org/programs/ptac Small Business Resources - SCORE SCORE is a volunteer organization of successful business persons who volunteer their time to provide free small business counseling and training under special funding from the SBA. Visit www.score.org for more information. For a list of SCORE chapters in North Carolina, visit www.sba.gov/nc and scroll down to Business Resources and News – look under COUNSELING Small Business Resources - Veterans The North Carolina Veterans' Business Outreach Center helps military veterans start and grow small businesses. The VBOC provides training, counseling, and technical assistance for: Ø Ø Ø Ø Ø Veterans Service-Disabled Veterans Reservists National Guard Members Active Duty Veteran’s Business Outreach Center at Fayetteville State University 910-672-1107 www.fsuvboc.com Other Small Business Resources NC Military Business Center (NCMBC) The mission of the NCMBC is to leverage military and other federal business opportunities to expand the economy, grow jobs and improve quality of life in North Carolina. 910-678-0190 www.ncmbc.us Questions? North Carolina District Business Development Team 704.344._ _ _ _ Joe Ann Shaeffers, BOS Bob Tarleton, BOS Mia Fagley, Lead BOS 6577 6567 6396 Joeann.Shaeffers@sba.gov Robert.Tarleton@sba.gov Mia.Fagley@sba.gov Eileen Joyce, Lead EDS Karen Hoskins, Lead LRS Mike Arriola, DDD 6787 6381 6578 Elieen.Joyce@sba.gov Karen.Hoskins@sba.gov Mike.Arriola@sba.gov Lynn L. Douthett, District Director North Carolina District Office www.sba.gov/NC
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