DOING BUSINESS WITH EPA

Size: px
Start display at page:

Download "DOING BUSINESS WITH EPA"

Transcription

1 U.S. ENVIRONMENTAL PROTECTION AGENCY OFFICE OF SMALL BUSINESS PROGRAMS PRESENTS DOING BUSINESS WITH EPA Kimberly Y. Patrick Acting Director EPA Office of Small Business Programs and Lamont O. Norwood Team Leader Procurement Opportunities Support Team EPA Office of Small Business Programs

2 EPA OSBP MISSION The mission of the U.S. Environmental Protection Agency's Office of Small Business Programs is to support the protection of human health and the environment by advocating and advancing the business, regulatory, and environmental compliance concerns of small and socio economically disadvantaged businesses. 2

3 OSDBU FUNCTION Section 15(k) of the Small Business Act requires that all federal agencies with procurement powers establish an Office of Small and Disadvantaged Business Utilization (OSDBU), and specifies the responsibilities of OSDBU Directors in their roles as advocates for small businesses. At EPA, the OSDBU Function is housed within the Office of Small Business Programs. 3

4 OSBP OFFICE TEAMS Asbestos & Small Business Ombudsman OSBP Disadvantaged Business Enterprise Program Direct Procurement Program 4

5 Direct Procurement Program (Acquisition) Small Business Sectors HUBZone: Historically Underutilized Business Zones SDB: Small Disadvantaged Businesses SDVOSB: Service Disabled Veteran Owned Small Businesses WOSB: Women Owned Small Businesses SBA 8(a) Certified 5

6 Small Business Goals FY 2015 Estimated Obligations Negotiated Goal Direct Small Businesses 40.00% Small Disadvantaged Businesses 5.0% Women Owned Small Businesses 5.0% HUBZone Businesses 3.0% Service Disabled Veteran Small Businesses 3.0% Subcontract Small Businesses 55.0% Small Disadvantaged Businesses 5.0% Women Owned Businesses 5.0% HUBZone Businesses 3.0% Services Disabled Veteran Owned Small Businesses 3.0% Statutory Federal Small Business Goal: 23% 6

7 Annual Direct Procurement Budget Billions

8 EPA Small Business Accomplishments FY % 40.00% 42.15% 40.83% 35.00% 30.00% 25.00% 20.00% 15.00% 16.02% Accomplishment Goal 10.00% 5.00% 0.00% 5.92% 5.00% 5.36% 5.00% 3.00% 3.00% 1.85% SB SDB WOSB SDVOSB HubZone As of 10/29/2014 8

9 SBA Annual Procurement Scorecard Summary FY 2009 through FY 2013 Agency FY 2009 Grade Agencies shown in order of total contract spending for FY 2013 FY 2010 Grade FY 2011 Grade FY 2012 Grade FY 2013 Grade Grade of "A" or A+ five years in a row? DoD B B B B B No DOE A B F F F No HHS C A A A A No VA A A B A A No NASA C C B A A No DHS A A A A A Yes DOJ D B C A B No USDA A A A A A Yes GSA C A A+ A+ A No DOC C A A A A No DOS B A A A A No DOEduc A C B C A No DOI A A A A A+ Yes DOTreas B A A+ A+ A No DOL A A A A A Yes HUD B D C A A No DOT A A A A A+ Yes EPA A A A A A Yes USAID F C A B A No SSA B A A B A No OPM F D C B A+ No NSF F C B C B No NRC B B A A A No SBA A B A A A No All B B B B A No Observation: Out of the 24 participating agencies, 6 agencies (DHS, USDA, DOI, DOL, DOT, and EPA) have received a grade 9 of A or A+ five years in a row.

10 EPA SDVOSB Accomplishments As of 10/29/

11 OSBP Small Business Counseling Sessions Below is a list of upcoming procurement conferences that OSBP gives at EPA Headquarters. These conferences are designed to counsel Contractor s on how to do business with EPA. Date Conference March 2015 Woman Owned Small Business April 2015 National HUBZone Conference (San Francisco) July 2015 HUBZone Small Business September 2015 Environmental Consulting November 2015 Service Disabled Veteran Owned Small Business 11

12 Small Business Vendor Profile System (SBVPS) The SBVPS has been developed by OSBP to track Small, Small Disadvantaged, Minority, Women Owned, HUBZone, Service Disabled Veteran Owned, and American Indian/Alaska Native businesses, as well as HBCUs, HACUs and MIs available to do business with EPA. This database provides a means to search and retrieve vendors by ownership, NAICS Codes, corporate capabilities, SBA 8(a) status, and other designations as desired. To register your company, visit: 12

13 Tips for Marketing to EPA 1. Familiarize yourself with your potential client s goals and objectives. Review EPA s annual budget information, Strategic Plan and Annual Performance Plan goals.htm 2. Focus on your business successes with other government agencies and use them to help you decide which opportunities you will pursue. If you have had success in one Federal Agency in a specific NAICS category and you learn from your research above that EPA conducts procurements within that same NAICS category leverage that past success with strong past performances references. 13

14 Tips for Marketing to EPA 3. Familiarize yourself with Fedconnect. Fedconnect is a web portal that connects agencies and vendors to streamline the process of doing business with the federal government. Agency RFP s and sources sought notices are posted on the website, and contractors can submit their proposals via the website GSA Schedules should be in your toolbox. The GSA Schedules program is the premier acquisition vehicle in government, with approximately $50 billion a year in spending or 10 percent of overall federal procurement spending. GSA Schedules are fast, easy, and effective contracting vehicles for both customers and vendors. 14

15 Tips for Marketing to EPA 5. Be credit card accessible. As a small business it is critical that you become credit card accessible. The trend in federal procurement increasingly involves the use of credit cards for purchases. 6. DO YOUR HOMEWORK!!! Review the web site of any of the EPA program offices that procure what you have to sell. Review the agency s strategic and annual performance plans and take a look at the EPA web site 15

16 What is EPA s Forecast Database? The Office of Acquisition Management (OAM) is responsible for all contracting and related activities to fulfill the Agency's mission to protect and safeguard the environment through its business relationships. As the business organization of the Agency, OAM manages and supports the Procurement and Contracts Management Program's Policies, Procedures, Operations, Contract Planning, Awards, Administration, and Closeouts. The forecast database is part of EPA's initiative to enhance our electronic communication with the business community and to provide "real time" information about procurement opportunities and allow companies to spend more time bidding and less time searching for opportunities. The information in the database is based on the best information available at the time of posting and is intended for PLANNING PURPOSES ONLY and does not constitute a commitment by EPA to buy the described supplies or services. The Forecast Database is available to anyone interested in doing business with EPA located at 16

17 Top Ten NAICS Codes No. NAICS MEANING CODE Remediation Services Environmental Consulting Services Other Computer Related Services R&D in the Physical, Engineering, and Life Sciences Admin. Management and General Management Consulting Testing Laboratories Facilities Support Services Custom Computer Programming Services Engineering Services Data Processing, Hosting, and Related Services 17

18 Small Business Coordinators Region 6 - Debora Bradford Region 1 Larry Wells (617) (214) AR, LA, NM, OK, TX CT, MA, ME, NH, RI, VT Region 7 - Chester Stovall Region 2 Karen Giacobbe (212) (913) IA, KS, MO, NE NJ, NY, PR, VI Region 8 - Vacant Region 3 Vacant (215) (303) CO, MT, ND, SD, UT, WY DC, DE, MD, PA, VA, WV Region 9 - Joseph Ochab Region 4 Charles Hayes (404) (415) AZ, CA, HI, NV, AS, GU AL, FL, GA, KY, MS, NC, SC, TN Region 10 Greg Luchey Region 5 - Adrianne Callahan (312) IL, IN, MI, MN, OH, WI Veronica Squirrell HQ (202) (HQ) Jerry Dodson RTP (919) CINN - Vacant (513) (206) AK, ID, OR, WA 18

19 Helpful Websites Office of Small Business Programs Small Business Outreach EPA Procurement Forecast EPA Active Contract Listing EPA Vendor Database EPA Small Business Goals 19

20 Multiple Award Contracts and Small Business Kimberly Y. Patrick Acting Director EPA Office of Small Business Programs 20

21 Multiple Award and Small Business Effective December 31, 2013, there are new rules in place that are designed to increase small business participation in Multiple Award Contracts. 13 CFR Parts 121, 124, 125, 126, and 127 Multiple award contracts (MACs) are defined as: A Multiple Award Schedule (MAS) contracts issued by the General Services Administration (GSA) or any agency granted MAS contract authority by GSA; A multiple award task order or delivery order contracts, including government wide acquisition contracts; or Any other indefinite delivery, indefinite quantity contract entered into with two or more sources pursuant to the same solicitation. 21

22 Partial Set Asides of Contracts There are (3) ways agencies can ensure that small businesses are included in multiple award contract procurements: An agency may make a partial set aside of a contract when the following conditions are met: First, the acquisition can be broken into smaller, discrete portions, such as by contract line item number (CLIN), special item number (SIN), or functional area (FA); Second, the rule of two will not be met for the whole acquisition, i.e., there is not a reasonable expectation that the contracting officer will obtain offers from at least two small businesses, and the award will be made at a fair market price; and Third, the rule of two can be met for some of the smaller, 22 discrete portions of the contract.

23 Partial Set Asides of Contracts If those conditions are met, the contracting officer may issue the solicitation as a partial set aside, and orders placed against those portions of the contract that were set aside will be competed only among the small businesses that were awarded the set aside portions of the contract. Notably, there is no requirement that small businesses make an offer on the non set aside portion of the contract in order to compete on the set aside portion, which is a departure from previous rules under the FAR. Small businesses may still compete for the non setaside portion of a multiple award contract with a partial set aside, though, as the contracting officer may state in the solicitation that small businesses can compete against all offeror s on the non set aside portion of the contract. 23

24 Reserves of Awards When an acquisition cannot be broken into smaller, discrete portions because requirements cannot be clearly identified until individual task orders are drafted, an agency may reserve awards for small businesses. Reserves of awards apply in three different scenarios, as follows: 1. First, if market research shows that two or more awards can be made to small businesses that can perform part, but not all, of the requirement, the contracting officer may issue the solicitation as a small business reserve. If the rule of two is satisfied for an order placed against the contract, the order is competed solely among the small businesses that participated in the reserve. 24

25 Reserves of Awards 2. Second, if market research shows that at least one small business can perform the entire requirement but there is no reasonable expectation of receiving at least two offers from small businesses at fair market prices, the contracting officer may also issue the solicitation as a small business reserve. Orders placed against the contract may be issued directly to the one small business awardee. 3. Finally, on a bundled acquisition, if market research shows that the rule of two will not be met for the entire requirement and that no small business can perform the entire requirement due to the bundling, the contracting officer may issue the solicitation as a reserve for a small business teaming arrangement (SBTA), and issue an award to an SBTA. Orders placed against the contract are competed among all contract awardees. 25

26 Set Asides of Awards Under the new rules, a contracting officer making use of a reserve for a multiple award contract is permitted, but not required, to set forth targets for the dollar value of reserves under the contract. When an agency awards a multiple award contract pursuant to full and open competition, without making use of a partial set aside or a reserve, the new rules also permit the agency either to commit to setting aside orders or to preserve its right to consider setting aside orders placed under the contract. When making use of this tool, the contracting officer must state in the solicitation whether orders under the contract will be automatically set aside whenever the rule of two is satisfied for that order, or if the agency simply preserves the right to set aside such orders. 26

27 Other Important Provision! 1. NAICS codes must be assigned to all MACs and orders issued thereunder. A single NAICS code must be designated for each order issued under the MAC. An agency will receive small business credit only if the small business receiving an order is small under the NAICS code assigned to that order. 2. The rule clarifies size determination requirements. Small businesses must certify size status in accordance with the NAICS codes assigned to the MAC. For a MAC, self certification is at the time of initial offer, including price. For BPAs, basic agreements, or basic ordering agreements, size determinations apply at the time of the response to the solicitation; but small business credit is applied only if the small business qualifies as small at time of an order. Recertification requirements apply if a small business itself acquires another business, or is acquired, or is part of a joint venture involved in a merger or acquisition. 27

28 Other Important Provision! 3. The rule clarifies Limitations on Subcontracting (the 50 Percent Rule) and the Non manufacturer Rule. Under a set aside MAC, the 50 Percent Rule and Non manufacturer Rule apply to the base period and each option; the contracting officer reserves discretion to require compliance at the order level. Under a MAC subject to small business reserve or set aside of orders, the 50 Percent Rule and Non manufacturer Rule apply at the order level. The SBA may allow 8(a) small businesses compliance to be measured every six months. Compliance with the 50 Percent Rule will be evaluated as part of an offeror's past performance. A contractor s failure to comply with the Rule can trigger a termination for default. These changes do not reflect changes to the 50 Percent Rule issued in the 2013 National Defense Authorization Act for FY

29 Questions/Comments 29