Sanctions Programs and Country Information. Frequently Asked Questions. Contact OFAC. Financial Literacy and Education Commission. Innovations in Financial Services. Featured Research. Exchange Stabilization Fund. International Monetary Fund.
Multilateral Development Banks. Exchange Rate Analysis. Small and Disadvantaged Business Utilization. Small Business Lending Fund. State Small Business Credit Initiative.
Daily Treasury Bill Rates. Daily Treasury Long-Term Rates. Monthly Treasury Statement. Daily Treasury Statement. National Debt to the Penny. Most Recent Documents. S International Portfolio Investment Statistics. Release Dates. Forms and Instructions. Report Scam Attempts. Report Fraud Related to Government Contracts. Direct Express Card. Non-Benefit Federal Payments. Foreign Account Tax Compliance Act. Bank Secrecy Act - Fincen and more.
Historic Treasury Building. Weekly Public Schedule Archive. Media Advisories Archive. Subscribe to Press Releases. SSBCI supports state programs that, in turn, use the funds to support private sector loans and investments to small businesses and small manufacturers that are creditworthy but are not able to access the capital they need to expand and create jobs.
The CDFI Fund promotes economic revitalization and community development in low-income communities through investment in and assistance to mission-driven lenders known as Community Development Financial Institutions CDFIs and other community development organizations.
The Office of Small and Disadvantaged Business Utilization assists, counsels, and advises small businesses of all types small businesses, small disadvantaged business, women-owned small businesses, economically disadvantaged women-owned small businesses, veteran owned small businesses, service disabled veteran owned small businesses, and small businesses located in historically underutilized business zones on procedures for contracting with Treasury.
The determination to make a class small business set-aside shall not depend on the existence of a current acquisition if future acquisitions can be clearly foreseen. If there are any changes of such a material nature as to result in probable payment of more than a fair market price by the Government or in a change in the capability of small business concerns to satisfy the requirements, the contracting officer may withdraw or modify see When using competitive procedures in accordance with 8.
The head of the contracting activity shall render a decision in writing, and provide it to the SBA representative within 7 working days. Pending issuance of a decision to the SBA representative, the contracting officer shall suspend action on the acquisition.
If notification is not received by the contracting officer within the day period, it is deemed that the SBA request to suspend the contract action has been withdrawn and that an appeal to the Secretary was not taken.
The contracting officer shall suspend contract action until notification is received that the SBA appeal has been settled. The decision of the agency head shall be final. The contracting officer shall include in the contract file a statement of the facts justifying the determination, and shall promptly notify the SBA representative of the determination and provide a copy of the justification.
The contracting officer shall initiate a withdrawal of an individual total or partial small business set-aside, by giving written notice to the agency small business specialist and the SBA PCR or, if a PCR is not assigned, see In a similar manner, the contracting officer may modify a unilateral or joint class small business set-aside to withdraw one or more individual acquisitions.
A small business concern subject to the limitations on subcontracting is required to comply with the following:. Any work that a similarly situated entity further subcontracts will count towards the concern's 50 percent subcontract amount that cannot be exceeded.
When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract. Any work that a similarly situated entity further subcontracts will count towards the concern's 85 percent subcontract amount that cannot be exceeded.
A small business contractor subject to the limitations on subcontracting is required to comply with the limitations on subcontracting—. The nonmanufacturer rule applies to nonmanufacturers in accordance with paragraph c 1 of this section and to kit assemblers who are nonmanufacturers in accordance with paragraph c 2 of this section. Any concern, including a supplier, that is awarded a contract or order subject to the nonmanufacturer rule, other than a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce i.
When the end item being acquired is a kit of supplies—. For the purposes of applying the nonmanufacturer rule, the manufacturer, processor, or producer is the concern that manufactures, processes, or produces an end item with its own facilities i. See 13 CFR A Class waiver. An agency may request that SBA waive the requirement at paragraph c 1 i or c 2 ii of this section for a specific product or class of products. B Individual waiver. The contracting officer may also request a waiver of the requirements at paragraph c 1 i or c 2 ii of this section for an individual acquisition once the contracting officer determines through market research that no known small business manufacturers, processors, or producers in the United States or its outlying areas can reasonably be expected to offer an end item meeting the requirements of the solicitation.
This type of waiver is known as an individual waiver and would apply only to a specific acquisition. Requests for waivers shall include the content specified at 13 CFR The contracting officer shall provide potential offerors with written notification of any class or individual waiver in the solicitation.
If providing the notification after solicitation issuance, the contracting officer shall provide potential offerors a reasonable amount of additional time to respond to the solicitation. There is no requirement that each item acquired in a multiple-item acquisition be manufactured, processed, or produced by a small business in the United States or its outlying areas. SBA may grant an individual waiver for one or more items in an acquisition in order to ensure that at least 50 percent of the cost of the items to be supplied by the nonmanufacturer comes from small business manufacturers, processors, and producers in the United States or its outlying areas or are subject to a waiver.
This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in Use the clause at This includes part or parts of multiple-award contracts, including those described in This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.
For contracts that are set aside, the contracting officer shall indicate in paragraph f of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;.
However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.
A Any portion of the requirement is to be—. The COC program does not extend to questions concerning regulatory requirements imposed and enforced by other Federal agencies.
A contracting officer shall, upon determining an apparent successful small business offeror to be nonresponsible, refer that small business to the SBA for a possible COC, even if the next acceptable offer is also from a small business.
Within 15 business days or a longer period agreed to by the SBA and the contracting agency after receiving a notice that a small business concern lacks certain elements of responsibility, the SBA Area Office will take the following actions:. A concern wishing to apply for a COC should notify the SBA Area Office serving the geographical area in which the headquarters of the offeror is located.
The COC issuance letter will then be sent, including as an attachment a detailed rationale for the decision; or. This shall be done through the complete exchange of information and in accordance with agency procedures. If agreement cannot be reached between the contracting officer and the SBA Area Office, the contracting officer shall request that the Area Office suspend action and refer the matter to SBA Headquarters for review. The SBA Area Office shall honor the request for a review if the contracting officer agrees to withhold award until the review process is concluded.
An SBA-certified concern shall not be required to meet any other requirements of responsibility. Where SBA issues a COC, the contracting officer may decide not to award to that offeror for reasons unrelated to responsibility. As used in this subpart-. This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.
Electronic Subcontracting Reporting System eSRS means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. Failure to make a good faith effort to comply with the subcontracting plan means willful or intentional failure to perform in accordance with the requirements of the subcontracting plan, or willful or intentional action to frustrate the plan.
Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups including corporations organized by Kenai, Juneau, Sitka, and Kodiak as defined in the Alaska Native Claims Settlement Act 43 U.
This definition also includes Indian-owned economic enterprises that meet the requirements of 25U. Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved. Reduced Payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
Total contract dollars means the final anticipated dollar value, including the dollar value of all options. Untimely Payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor. Any contractor receiving a contract with a value greater than the simplified acquisition threshold must agree in the contract that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance.
It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award.
If the selected bidder fails to submit a plan within the time limit prescribed by the contracting officer, the bidder will be ineligible for award. When determining the need for a subcontracting plan, the contracting officer shall consider the cumulative dollar value of the portion s or category ies of the offeror's proposal for which the offeror is other than small. When determining the need for a subcontracting plan, the contracting officer shall consider the cumulative dollar value of the portion s or category ies of the contract for which the contractor is other than small.
Further, 15 U. For subcontracting purposes, a concern is small if it does not exceed the size standard for the NAICS code that the prime contractor determines best describes the product or service being acquired by the subcontract. A The subcontractor is registered in SAM; and. B The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. A In most cases, the appropriate contractor is the contractor that awarded the subcontract to the ANC or Indian tribe.
B If the ANC or Indian tribe designates more than one contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each contractor. The sum of the amounts designated to various contractors cannot exceed the total value of the subcontract.
C The ANC or Indian tribe shall give a copy of the written designation to the contracting officer, the prime contractor, and the subcontractors in between the prime contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. In the event of a challenge of a representation of an ANC or Indian tribe, the interested parties shall follow the procedures at Options for contacting the SBA include—. Protests challenging a subcontractor's small disadvantaged business representation must be filed in accordance with 13 CFR Other interested parties may submit information to the contracting officer or the SBA in an effort to persuade the contracting officer or the SBA to initiate a protest.
Such protests, in order to be considered timely, must be submitted to the SBA prior to completion of performance by the intended subcontractor. For individual subcontracting plans only, a contracting officer may require the goals referenced in paragraph a 1 of this section to be calculated as a percentage of total contract dollars, in addition to the goals established as a percentage of total subcontract dollars;.
A The ISR shall be submitted semi-annually during contract performance for the periods ending March 31 and September A report is also required for each contract within 30 days of contract completion.
Reports are due 30 days after the close of each reporting period, unless otherwise directed by the contracting officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. Responding to a request for a quote does not constitute use in preparing a bid or proposal. An offeror used a small business concern in preparing the bid or proposal if—. This written explanation will be submitted to the contracting officer within 30 days of contract completion;.
Master plans shall be effective for a 3-year period after approval by the contracting officer; however, it is incumbent upon contractors to maintain and update master plans. Changes required to update master plans are not effective until approved by the contracting officer.
A master plan, when incorporated in an individual plan, shall apply to that contract throughout the life of the contract.
If a subcontracting plan is necessary and the offeror is submitting an individual subcontracting plan, the individual subcontracting plan shall contain all the elements required by paragraph a of this section and shall contain separate statements and goals based on total subcontract dollars for the basic contract and for each option.
The subcontracting goals established for a commercial plan shall include all indirect costs with the exception of those such as the following: Employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods negotiated up front with the product ; utilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular geographical region; and philanthropic contributions.
Once a contractor's commercial plan has been approved, the Government shall not require another subcontracting plan from the same contractor while the plan remains in effect, as long as the product or service being provided by the contractor continues to meet the definition of a commercial product or commercial service.
The contractor shall—. The contracting officer shall negotiate the commercial plan for the Government. The contractor must provide to each contracting officer responsible for an ongoing contract subject to the plan, the identity of the contracting officer that will be negotiating the new plan;.
This report will be acknowledged or rejected in eSRS by the contracting officer who approved the plan. When using any contractual incentive provision based upon rewarding the contractor monetarily for exceeding goals in the subcontracting plan, the contracting officer must ensure that a the goals are realistic and b any rewards for exceeding the goals are commensurate with the efforts the contractor would not have otherwise expended.
Incentive provisions should normally be negotiated after reaching final agreement with the contractor on the subcontracting plan. Establishing goals shall not be in the form of a new subcontracting plan as a contract may not have more than one plan The contracting officer shall take the following actions to determine whether a proposed contractual action requires a subcontracting plan:.
In determining when subcontracting plans should be required, as well as when and with whom plans should be negotiated, the contracting officer must consider the integrity of the competitive process, the goal of affording maximum practicable opportunity for small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns to participate, and the burden placed on offerors.
However, a contracting officer may establish separate subcontracting goals for each order under an indefinite-delivery, indefinite-quantity contract When a contract modification exceeds the subcontracting plan threshold see These goal changes do not apply retroactively. The contracting officer shall review the subcontracting plan for adequacy, ensuring that the required information, goals, and assurances are included see Instead, the contracting officer shall consider each plan in terms of the circumstances of the particular acquisition, including-.
If the bidder does not submit a plan that incorporates the required elements within the time allotted, the bidder shall be ineligible for award. Subcontracting goals should be set at a level that the parties reasonably expect can result from the offeror expending good faith efforts to use small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors to the maximum practicable extent.
The contracting officer shall take particular care to ensure that the offeror has not submitted unreasonably low goals to minimize exposure to liquidated damages and to avoid the administrative burden of substantiating good faith efforts. Additionally, particular attention should be paid to the identification of steps that, if taken, would be considered a good faith effort see An incentive subcontracting clause see The notice shall be issued in sufficient time to provide the representative a reasonable time to review the material and submit advisory recommendations to the contracting officer.
Failure of the representative to respond in a reasonable period of time shall not delay contract award. After a contract or contract modification containing a subcontracting plan is awarded or an existing subcontracting plan is amended, the contracting officer shall do the following:.
See Acknowledging receipt does not mean acceptance or approval of the report. The report shall be rejected if it is not adequately completed, for instance, if there are errors, omissions, or incomplete data. Failure to meet the goals of the subcontracting plan is not a valid reason for rejecting the report.
Maximum practicable utilization of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits.
When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved, and 15 U. The fact that the contractor failed to meet its subcontracting goals does not, in and of itself, constitute a failure to make a good faith effort see For example, notwithstanding a contractor's diligent effort to identify and solicit offers from any of the small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, factors such as unavailability of anticipated sources or unreasonable prices may frustrate achievement of the contractor's subcontracting goals.
The contracting officer may consider any of the following, though not all inclusive, to be indicators of a good faith effort:. If, at completion of the basic contract or any option, or in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, a contractor has failed to comply with the requirements of its subcontracting plan, which includes meeting its subcontracting goals, the contracting officer shall review all available information for an indication that the contractor has not made a good faith effort to comply with the plan.
If no such indication is found, the contracting officer shall document the file accordingly. If the contracting officer decides in accordance with paragraph b of this section that the contractor failed to make a good faith effort to comply with its subcontracting plan, the contracting officer shall give the contractor written notice in accordance with The notice shall give the contractor an opportunity to demonstrate what good faith efforts have been made before the contracting officer issues the final decision and shall further state that failure of the contractor to respond may be taken as an admission that no valid explanation exists.
The contracting officer's final decision shall state that the contractor has the right to appeal under the clause in the contract entitled Disputes. Calculations and procedures shall be in accordance with For calculations for commercial plans see paragraph f of this section.
With respect to commercial plans approved under the clause at Refer to our extensive FAQs that cover various components of the small business programs and more. An official website of the United States government Here's how you know. Federal government websites often end in. Small Business Funding.
Small Business Program Basics. Find Funding. How to Apply. Prepare Your Application. Commercialization Enhancement Programs.
0コメント