Effective Date: September 22, 2009
Expiration Date: September 22, 2016
Update for 1400 compliance, update Authority, and title changes..
a. It is NASA's policy to establish recommended small business (SB) subcontracting goals in solicitations that require subcontracting plans, pursuant to FAR Clause 52.219-9. These numerical goals shall be expressed as percentages of total contract value.
b. This Directive establishes steps that shall be performed to ensure that the maximum practicable subcontracting opportunities are being provided to SBs, Small Disadvantaged Businesses (SDBs), Woman-Owned Small Businesses (WOSBs), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSB), Historically Underutilized Business Zone concerns (HUBZone), and Minority-Serving Institutions which include Historically Black Colleges and Universities and other minority educational institutions.
a. This NASA Policy Directive (NPD) is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers procurements (including new work modifications) with an estimated value, including options, expected to exceed $50 million.
b. Its use is recommended for acquisitions of lesser value.
c. In accordance with FAR 19.705-2 (f), goals established in solicitations for Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts shall apply to the subcontracting plan established for the basic IDIQ contract. Separate subcontracting plans and goals may not be established for individual task orders or delivery orders.
United States Code - Commerce and Trade, as amended, 15 U.S.C. § 644(e).
Federal Acquisition Regulation, Parts 19 and 52
a. Unless otherwise stated, performance of the following tasks shall be performed under the leadership of the Contracting Officer in collaboration with the following team members, hereafter referred to as the "Team": the Contracting Officer, the cognizant technical representative; the Center SB Technical Advisor; the Center Small Business Specialist(s)(SBS), and the Small Business Administration's Procurement Center Representative, as needed.
b. The Contracting Officer shall issue a Sources Sought Notice which shall include the following statement: "NASA is seeking capabilities from all categories of Small Businesses for the purpose of determining the appropriate level of competition and/or Small Business subcontracting goals for this requirement." The Sources Sought Notice shall allow a minimum of 10 business days for small businesses to respond.
c. The Team shall review the statement of work, and conduct and analyze market research for the purpose of identifying the proposed effort that could be subcontracted to each small business category. Market research methods include (but are not limited to) the following:
(1) Analysis of capability statements received in response to the Sources Sought Notice (required)
(2) Central Contractor Registration/Dynamic Small Business Search
(3) Any database created or maintained by Centers or by NASA HQ, including the NASA Vendor Database.
(4) Analysis of similar type work, if applicable
d. The Team shall prepare a document entitled "Recommended Subcontracting Goals" that includes the following:
(1) Title of Procurement
(2) Procurement Details
(a) Purpose of Acquisition
(b) Estimated Value
(c) Contract Length
(d) Contract Type
(3) NAICS Code and Size Standard
(4) Identification of Team Members
(5) History of Procurement: Discuss whether the procurement is new, repeat, etc. If the procurement is bundled or consolidated, refer to the separate Bundling/ Consolidation Determination here.
(6) Documentation of the decision to use full and open competition and the results of market research analysis.
(7) Recommended subcontracting goals
(a) Recommended goals must be developed for the overall small business category as well as for each sub-category of small businesses as listed in Section 1 - Policy, paragraph (b), above.
(b) Recommended goals published in NASA solicitations are expressed as a percentage of total contract value.
(c) The document must show how each recommended subcontracting goal (that is, for each category) is mathematically calculated.
(d) Use of Work Breakdown Structure - analysis of what portions of work can be subcontracted based upon responses to the Sources Sought Notice and other market research - is the primary method of determining recommended subcontracting goals, especially for new work.
(e) For a follow-on procurement, the Team may determine goals by a review of the existing contract(s), goals contained therein, and actual subcontracting achievements. In such cases, the Team shall check to see whether the new contract provides for additional or different subcontracting opportunities. This method may not be useful for goaling categories that didn't exist when the current contract was awarded.
(f) The VOSB goal shall be higher than the SDVOSB goal.
(g) In most cases, goals of "0" (or "no goal") are not acceptable. If sources sought responses and other market research indicate minimal availability of any particular SB sub-category or HBCU/MI, the category should not be listed in the RFP.
(h) Goals shall be carried out to one decimal point.
(8) Discussion of Phasing of subcontracting goals- whether the solicitation will encourage offerors to submit phased goals in proposals
e. For all procurements valued at $50 million or more, including new work modifications, the Team shall ensure that the Recommended Subcontracting Goals document is forwarded to Headquarters, Office of Small Business Programs, for review and concurrence at least 2 weeks in advance of the Procurement Strategy Meeting (PSM).
f. The Team and OSBP should reach agreement on the appropriate subcontracting goals via signature prior to the PSM. If agreement cannot be reached, the issue shall be brought to the PSM for guidance.
g. The Contracting Officer, the Small Business Specialist, and the SBA Procurement Center Representative shall sign the Recommended Subcontracting Goals document for the center. Other team members may sign at the Center's option.
h. The cognizant Headquarters Small Business Program Manager shall sign/concur or provide comments as appropriate for OSBP.
i. Upon request, the Contracting Officer may provide offerors with a list of potential SBs that have been identified. Any such list of potential SBs shall contain the accompanying disclaimer: "Provision of this list is neither an endorsement nor representative of a preference, by NASA, for any of the listed companies."
At the PSM the Contracting Officer will provide the analysis used to develop the recommended subcontracting goals to the Source Selection Authority for approval.
NPD 5000.2A, Uniform Methodology For Determination Of Small Disadvantaged Business Subcontracting Goals, dated June 14, 2000.