Overview
FAR Subpart 19.4 outlines the mandates for cooperation between federal agencies and the Small Business Administration (SBA) to ensure small business interests are protected in government procurement. It defines the roles of Procurement Center Representatives (PCRs) and establishes the framework for reviewing acquisitions to maximize opportunities for small business concerns.
Key Rules
- Information Access: Contracting officers (COs) are required to provide SBA PCRs with access to all reasonably obtainable contract information pertinent to their official duties, subject to security regulations.
- PCR Authority: PCRs are authorized to review proposed acquisitions and recommend specific procurement strategies, such as set-asides, sole-source awards, or the "breakout" of components from larger contracts to increase competition.
- Recommendation Timelines: When a PCR reviews an acquisition package and suggests an alternate contracting method to increase small business participation, they must make that recommendation to the CO within 15 days of receiving the package.
- Appeals Process: If a CO rejects a PCR's recommendation or fails to solicit a small business concern recommended by the SBA, the PCR has the authority to appeal the decision to the chief of the contracting office or follow formal appeal procedures under FAR 19.502-8.
- Compliance & Conduct: PCRs must comply with agency-specific directives regarding the conduct of personnel and must obtain necessary security clearances required by the agency they are overseeing.
Responsibilities
- SBA Procurement Center Representatives (PCRs):
- Reviewing acquisitions to identify set-aside or sole-source opportunities.
- Identifying new qualified small business sources across all socioeconomic categories (HUBZone, SDVOSB, WOSB, etc.).
- Conducting periodic reviews of contracting activities to ensure compliance with small business policies.
- Sponsoring training and conferences to increase small business participation.
- Contracting Officers (COs):
- Providing necessary contract data and acquisition packages to the PCR.
- Responding to PCR recommendations and justifying decisions if a small business is not solicited.
- Agency Small Business Directors (OSDBU/OSBP):
- The Director of the Office of Small and Disadvantaged Business Utilization (OSDBU) serves as the agency focal point for the SBA (the Office of Small Business Programs serves this role for the DoD).
- SBA Area Offices:
- Provide assistance and oversight if a specific PCR is not assigned to a particular contracting activity.
Practical Implications
- For Small Businesses: The PCR acts as an internal advocate within the government. Small businesses should identify their local PCR, as these individuals have the power to influence whether a contract is set aside specifically for small business competition.
- For Large Businesses: Subpart 19.4 implies that large "bundled" contracts will face scrutiny. PCRs may recommend "breaking out" portions of a large contract, which could reduce the scope of a prime contract in favor of smaller, direct awards to small firms.
- For Acquisition Planning: Contracting teams must factor the 15-day PCR review window into their procurement timelines. Failure to coordinate with the SBA early in the process can lead to formal appeals, which may significantly delay contract award dates.
- Strategic Sourcing: The requirement for PCRs to identify "new qualified small business sources" means that agencies are constantly pushed to move beyond their traditional vendor base and seek out innovative small firms in various socioeconomic categories.