1.1 Purpose. This chapter describes the Minority Business Enterprise requirements and reports as they relate to the Business Economic and Development Program (BEDP).
1.2 Objectives. The objective is to ensure that opportunities to compete for and receive a fair share of the Service's contracts and small purchases are provided to minority businesses who may be small disadvantaged businesses, 8(a) concerns (defined in Section 1.6F below), women-owned businesses, minority non-profit/educational, i.e. historically black colleges and universities, or large minority businesses.
1.3 Scope. This part applies to Service personnel who are involved in the acquisition cycle and who manage and administer Service programs.
1.4 Authority.
A. Public Law (P.L.) 83-163, Small Business Act, as amended, established the authority for loans, procurement set-asides, management counseling, certificates of competency, and advocacy to assist small businesses. Section 8(a) of the Small Business Act authorized the Small Business Administration (SBA) to enter into prime contracts with Federal agencies and to subcontract to small disadvantaged business concerns.
B. Public Law 95-507, Small Business Investment Act of 1958, provided the 8(a) business development program statutory authority, more exacting eligibility criteria, and a more clearly defined mission.
C. Public Law 100-656, The Business Opportunity Development Act of 1988, introduced competition to the 8(a) program and established a process for setting goals for prime contract and subcontract awards to small and small disadvantaged business concerns.
1.5 Policy. It is the policy of the Service to ensure that procurement opportunities for minority owned firms be maximized for products and services.
1.6 Definitions.
A. Concern. Any business entity which is organized for profit (even if its ownership is in the hands of a non-profit entity) with a place of business located in the United States and which makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor.
B. Small Business Concern. A concern, including its affiliates, that is independently owned and operated, not dominant in its 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, Small Business Size Regulations. Such a firm is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of concerns are primarily engaged.
C. Minority Business Enterprise/Small Disadvantaged Business Concern. A small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business with 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one of these entities, that has management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and meets the requirements of 13 CFR Part 124, Minority Small business and Capital Ownership Development.
D. Socially Disadvantaged Individuals. Individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their qualities as individuals.
E. Economically Disadvantaged Individuals. Socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished opportunities to obtain capital and credit as compared to others in the same line of business who are not socially disadvantaged. Individuals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent-Asian Americans) are to be considered socially and economically disadvantaged.
F. 8(a) Concern. A small, socially, and economically disadvantaged firm certified by the SBA pursuant to Section 8(a) of the Small Business Act.
1.7 Responsibilities.
A. The Director, U.S. Fish and Wildlife Service is responsible for managing and supporting the socio-economic preference programs for the Service.
B. The Assistant Director - Policy, Budget and Administration is responsible for promoting the Small Business Program which includes supporting the attainment of BEDP goals and ensuring that Minority Business Enterprises are given the opportunity to compete for and receive a fair share of the Services procurement expenditures.
C. Regional Directors and Assistant Directors, are responsible for:
(1) Supporting acquisition related requirements and programs such as the socio-economic preference program and minority business enterprise; and
(2) Preparing the annual forecasts of contract opportunities which identify anticipated purchases in excess of $25,000.
D. Managers, in concert with the cognizant Chief, Servicing Contracting Office, and the Business Utilization Development Specialist (BUDS) will ensure that Minority Business Enterprises are given the opportunity to compete for Service requirements.
E. The Chief, Division of Contracting and General Services (CGS), Headquarters is responsible for developing uniform procurement guidance and procedures to be used throughout the Service. This official is responsible for preparing acquisition related reports, including Minority Business Enterprise reports, for submission to the Department.
F. Contracting Officers are responsible for publicizing procurement opportunities in accordance with Federal Acquisition Regulation (FAR), 5.201, in the Commerce Business Daily and other appropriate media, including trade publications; allowing the maximum amount of time practical for the submission of offers; establishing fair qualification and evaluation criteria for competitive negotiated acquisitions with realistic delivery schedules; and encouraging large prime contractors to establish aggressive programs to subcontract with small business and small disadvantaged business concerns.
G. Business Utilization Development Specialist, (BUDS), shall be responsible for:
(1) Developing annual goals for all BEDP categories;
(2) Reviewing acquisition requests prior to any action taken by the contracting officer;
(3) Using total small business set-asides whenever there are at least two responsible small businesses qualified to respond;
(4) Establishing 8(a) set-asides whenever qualified 8(a) firms can be identified for a particular acquisition;
(5) Including Minority Business Enterprises on solicitation lists and assuring they are solicited;
(6) Seeking competition for Minority Business Enterprises to the maximum extent practicable;
(7) Performing outreach efforts;
(8) Assisting business owners or representatives in their attempts to do business with the Service as well as bureaus and offices of the Department of the Interior;
(9) Counselling vendors at congressionally-sponsored and other procurement conferences held in locations near the BUDS's Contracting Office; and
(10) Assisting managers as early as possible in the acquisition cycle to identify potential small business and minority business enterprise sources, including arranging for and attending marketing presentations by such firms.
1.8 Outreach to Small Business and Minority Business Enterprises. Managers and their staffs, in coordination with the Service and Regional BUDSs, should assist small businesses and Minority Business Enterprises in participating in Service acquisitions. Technical assistance should be provided to vendors interested in Service procurements.
1.9 Small Business Program Goals. In accordance with P.L. 100-656, statutory minimum goals for small business participation must be at least 20 percent of the total value of prime contract awards. The statutory minimum goals for small disadvantaged business participation shall be at least five percent of the total value of prime contract awards and five percent of the total subcontract awards. Service goals, based on previous performance and projected procurements, are established by the Department's Office of Small and Disadvantaged Business Utilization (OSDBU) in consultation with the Service.
1.10 Reporting Requirements. Various Small Business Program reports are required from the Service by the OSDBU for submission to the SBA. The following reports or forms are used to report Minority Business Enterprises' procurement and/or assistance contract data. These forms are available from servicing contracting offices.
A. DI-1886 - Acquisition Screening and Review Form. This form records the contracting officer and BUDS review of the incoming requisition to ensure minority business representation.
B. SF-294 - Subcontracting Report for Individual Contracts. The report is submitted by the prime contractor and states the contractor's subcontracting awards to large business, small business, small and disadvantaged business and women-owned business concerns. The report is submitted semiannually to the Department OSDBU.
C. SF-295 - Summary Subcontract Report. The SF-295 is a cumulative report submitted annually by the prime contractor to the contracting officer. The report compares actuals against the goals submitted on the prime contractor's subcontracting plan.