Policy
Directive
Effective Date: June 01, 2016
Expiration Date: June 01, 2028
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NASA Policy Directive |
NPD 5119.1 Effective Date: June 01, 2016 Expiration Date: June 01, 2028 |
Ch # |
Date |
Description/Comments |
1 |
08/08/2017 |
Directive updated to include a GAO draft report for Agency to make one recommendation to NASA intended to ensure compliance with section 15(k) (17); which has now been incorporated to NPD 5119.5.b. (16). Also, updated the term "Minority Serving Institution" to "Minority Institution" and acronym "MSI" to "MI," in Attachment A. |
2 |
01/06/2023 |
Updated with 1400 compliance and admin changes. |
a. It is the National Aeronautics and Space Administration (NASA) Policy to:
(1) Provide the overall framework for NASA's Small Business Program (SBP) with appropriate references to other key processes and directives. This directive complies with NASA obligations as a Federal agency.
(2) Provide Small Businesses (SBs) maximum practicable opportunities to
participate in NASA prime contracts and subcontracts. Subcategories of SB
include: Small Disadvantaged Businesses (SDBs), Woman-Owned Small
Businesses (WOSBs), Veteran-Owned Small Businesses (VOSBs),
Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), Historically
Underutilized Business Zone concerns (HUBZones), Historically Black
Colleges and Universities (HBCUs), and Minority Institutions
(MIs).
a. This directive is applicable to NASA Headquarters (HQ) and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to other contractors, grant recipients, or parties to agreements only to the extent specified or referenced in the appropriate contracts, grants, or agreements.
b. In this directive, all document citations are assumed to be the latest version unless otherwise noted.
c. In this NPD "shall" denotes a mandatory action, "may" or "can" denotes
discretionary privilege or permission, "should" denotes a good practice
and is recommended, but not required, "will" denotes expected outcome, and
"are/is" denotes descriptive material.
a. National Aeronautics and Space Act, 51 U.S.C., Chapter I,Section 20113(a), Rules and Regulations.
b. Aid to Small Business, Section 644, 15 U.S.C., Chapter 14A.
c. Small Business Administration, 13 CFR 1.
a. Federal Acquisition Regulation (FAR), Part 19.
b. NASA FAR Supplement, Part 1819.
c. NPD 5000.2, Small Business Subcontracting Goals.
d. NASA Form (NF) 1787, Small Business Coordination.
a. The Administrator shall:
(1) Be accountable and responsible for the successful execution of the SBP at NASA.
(2) Delegate to the Associate Administrator (AA) of the Office of Small Business Programs (OSBP) authority to execute the SBP at NASA.
(3) Ensure adequate resources are provided for the operation and maintenance of the NASA HQ OSBP.
b. The AA OSBP shall:
(1) Establish policy, provide direction, provide overall guidance, and measure and oversee the execution of all NASA SB matters. The Associate Administrator retains the ultimate responsibility for all SB policies related to NASA.
(2) Be accountable to the Administrator for results achieved within the policy and programs assigned by this directive. Any delegation of authority will not be effective unless it is in writing.
(3) Serve as the Chief Advisor on all SB matters as mandated by Executive Orders, Statutes, and Regulations.
(4) Advise the Senior Procurement Executive, the Assistant Administrator of Procurement, with respect to small business matters on all acquisition strategies, plans, councils, committees, and boards necessary for effective execution of NASA's acquisitions.
(5) Establish and align policies and procedures that support SB execution.
(6) Develop strategic plans, goals, and objectives for the proper execution of NASA SBP.
(7) Conduct quarterly analysis and provide semi-annual assessments of the SBP to the Administrator.
(8) Serve as the NASA representative to the Small Business Administration (SBA) Procurement Advisory Council, Federal Office of Small and Disadvantaged Business Utilization Directors Interagency Council, and any taskforces, commissions, and functional assignments governed by this directive.
(9) Develop and formulate the Agency's response to all SB-related congressional inquiries, SBA, and other Federal agencies' data calls and Freedom of Information Act requests.
(10) Negotiate Center SB goals with the Center Directors, with input from the Center Procurement Officers, that promote NASA's attainment of its SB goals.
(11) In coordination with the Center Director and Procurement Officer, provide input and approval for the selection of the Center Small Business Specialist (SBS) and provide input into the performance appraisals of all SBSs that are incorporated into their annual evaluations.
(12) Develop the competencies for establishing duties, training, and education on SB matters.
(13) Support the SB segment of the Procurement Management Reviews (PMRs).
(14) Establish and chair the NASA SBS Council with the authority to appoint the membership of the SBS Council.
(15) Appoint Small Business Technical Advisors (SBTAs) per the Federal Acquisition Regulation (FAR) 19.201(c)(8).
(16) When notified by a small business concern prior to the award of a contract that the small business concern believes that a solicitation, request for proposal, or request for quotation unduly restricts the ability of the small business concern to compete for the award.
(a) Submit the notice of the small business concern to the contracting officer and, if necessary, recommend ways to increase the opportunity for competition.
(b) Inform the Agency Competition Advocate.
c. Center Directors shall:
(1) Be accountable and responsible for the successful execution of the Center SBP.
(2) Select for appointment, with advice and concurrence of the AA OSBP, fully qualified SBSs, who possess business acumen, knowledge of acquisition policies, and skills necessary to accomplish SB objectives per NASA FAR pt. 1819.201 (e)(i).
(3) Ensure that the Center SBS reports directly to the Center Procurement Officer or Deputy Procurement Officer.
(4) Appoint Small Business Technical Coordinators (SBTCs) from each Center Directorate that has contracts.
(5) Establish Center policy that addresses and promotes maximum practicable opportunities for SB.
(6) Identify an alternate SBS to perform the Center SBS duties in absence of the SBS, as needed.
d. SBSs shall:
(1) Display their Certificate of Appointment signed by the AA OSBP and the Center Director for the duration of their assignment.
(2) Perform all duties specified in NASA FAR Supplement 1819.201 (e) (ii) and serve as the principal advisor and point of contact on all Center SB matters.
(3) Advise and assist Senior Management, Contracting Officers, Program Managers, and all stakeholders during the acquisition cycle in the development of strategies, goals, and market research that determine if sources capable of satisfying the requirement exists.
4) Coordinate with the Center Director and/or Procurement Officer, as required, to provide semi-annual Small Business Program Reports (SBPRs) to HQ OSBP each fiscal year and respond to any additional data calls and requests for reports as required by HQ OSBP.
(5) Be proficient in generating standard reports and other data from Federal procurement systems.
(6) Notify HQ OSBP in writing (or e-mail) on Center SB protests and apprise HQ OSBP on protest status as necessary.
(7) Provide, at a minimum, annual training for acquisition and technical personnel on policies, regulations, and legislation affecting the SBP.
(8) Coordinate, advertise, and attend the Comprehensive SB Training Program courses at the Center.
(9) Provide training to the alternate SBS (as identified in section c (6)) as required.
(10) Conduct outreach to SBs through counseling, meetings, Prime Vendor Councils, and Agency-wide Industry Day events.
(11) Serve as an advisor to the AA OSBP, through membership on the SBS Council, in developing Agency-wide initiatives, policies, and procedures for management of the SBP.
(12) Attend and actively participate in mandatory SBS Council meetings and provide status updates on Center SB matters.
e. Alternate SBSs shall:
(1) Meet training requirements as mandated by HQ OSBP.
(2) Serve during the absence of the SBS in order to provide the appropriate reviews of any Small Business Subcontracting Goal documents per NPD 5000.2, Small Business Subcontracting Goals and NASA Form (NF) 1787, Small Business Coordination.
(3) Receive supplemental training from the primary SBS.
(4) Serve in additional SB roles as determined by the Center Procurement Officer or their designee.
f. SB Goals
In accordance with NPD 1000.3 paragraph 4.21.2.1 i, HQ OSBP shall establish goals at the Center level either annually or biannually, consistent with the SBA goals for NASA. The new Center goals defined in the fourth quarter of the current fiscal year become effective at the beginning of the first quarter of the coming fiscal year and remain in effect throughout the new fiscal year.
g. SBPR
This report measures the overall effectiveness of the Agency's SBP. It is due June 15 and December 15 each year. The report that is due December 15 is cumulative and should include activities for the entire fiscal year (October 1 - September 30). Each Center shall submit its Center report and accompanying cover letter by e-mail and/or mail to the NASA HQ OSBP.
h. Mentor-Protégé Program
The purpose of the program is to provide incentives to NASA contractors, performing under a NASA approved subcontracting plan, to assist eligible protégés in enhancing their capabilities to perform as viable NASA contractors and subcontractors. For more information on the program, visit the HQ OSBP Web site.
i. Procurement Management Reviews (PMRs)
HQ OSBP participates with the HQ Office of Procurement in PMRs. HQ OSBP reviews the Center compliance with SB-related laws, regulations, and policies. Centers shall make available contract files and personnel as requested by HQ OSBP to facilitate the review. HQ OSBP maintains a PMR checklist, which is available upon request.
j. Outreach and Communication guidance is listed in Attachment F.
Delegation of authority is described under section 5.a.(2) of this NPD. All other delegation of authority is described in section 5.b.(2) and will not be effective unless it is in writing.
The Office of Small Business Programs will measure compliance with this directive through annual audits and submissions, such as PMRs and SBPRs.
None.
AA OSBP - Associate Administrator of the NASA Office of Small Business Programs
CFR - Code of Federal Regulations
FAR - Federal Acquisition Regulation
HBCU - Historically Black College or University
HQ OSBP - NASA Headquarters Office of Small Business Programs
HUBZone - Historically Underutilized Business Zone
JPL - Jet Propulsion Laboratory, (FFRDC)
MI - Minority Institution
NFS - NASA FAR Supplement
PCR - Procurement Center Representatives
PMRs - Procurement Management Reviews
SB - Small Business
SBA - U.S. Small Business Administration
SBAA - Small Business Advocates Awards
SBAC - Small Business Administrator's Cup
SBIA - Small Business Industry Awards
SBIP - Small Business Improvement Plan
SBP - Small Business Program
SBPR - Small Business Program Report
SBTA - Small Business Technical Advisor
SBTC - Small Business Technical Coordinator
SDB - Small Disadvantaged Business
SDVOSB - Service-Disabled Veteran-Owned Small Business
U.S.C. - United States Code
VOSB - Veteran-Owned Small Business
WOSB - Woman-Owned Small Business
B. 1 NPD 1000.3, The NASA Organization.
B.2 Small Buiness Development Act of 1999 (Pub. L 106-50)
C.1 Assist the SBA PCRs performing functions and duties relating to Sections 8, 15, and 31 of the Small Business Act.
C.2 Review and make recommendations for all acquisitions.
C.3 Display their Certificate of Appointment signed by the AA OSBP for the duration of their assignment.
C.4 Assist the Center SBS in determining the extent to which SBs can perform on upcoming contracts, particularly on high technology contracts in which limited competitions or set-asides are proposed for a particular category of SB.
C.5 Provide input to establish SB subcontracting goals in unrestricted procurements, in compliance with NPD 5000.2.
C.6 Assist in identifying portions of large, complex contracts in proposed unrestricted competitions that can be performed by SBs.
C.7 Help to clarify technical requirements or terms in contracts that are not initially understood by the Center SBS.
C.8 Be accessible to Center SBSs when the need arises.
C.9 Assist Center SBSs in counseling high-tech SB firms with highly complex technical capabilities and outside the norm of most SBs.
C.10 Provide input on firms that should be nominated for NASA's SBIAs.
C.11 Assist in evaluating requested "sources sought" submissions.
C.12 Give independent advice to Center SBSs based solely on technical knowledge, experience, and expertise.
C.13 Review statements of work in contracts for language that will unduly and unnecessarily restrict SB participation on such contracts.
C.14 Independently develop other innovative approaches, where appropriate, that promote the spirit of the above guidelines.
C.15 Attend required training determined by AA OSBP.
D.1 Display their Certificate of Appointment signed by the Center Director for the duration of their assignment.
D.2 Proactively assist with the evaluations of SB's looking to propose on contracting opportunities with NASA or to market their products or ideas within the Center.
D.3 An SBTC may be assigned for other (non-technical) directorates at the Center's discretion.
D.4 Serve as a Center SBP advocate by ensuring that organizations are receptive to small business inquiries.
D.5 Assess where and what opportunities are likely to occur within their organization and advise small business representatives accordingly.
D.6 Participate along with the SBS in the acquisition planning of new and follow-on requirements to ensure that small businesses receive, to the maximum extent possible, opportunities to participate.
D.7 SBTC's assist the Center SB office by attending local SB outreach events and counseling sessions where they present NASA's technical requirements and future forecasts of what technology direction the Agency is taking.
D.8 Serve as an advisor to local or Center industry councils.
D.9 Attend required training determined by AA OSBP.
E.1 The purpose of the bi-annual two-day meeting is to develop a continuous improvement plan based on three NASA-wide initiatives that will improve NASA's progress on the annual SBA Procurement Scorecard. OSBP will inform the Centers when the meeting will take place and when Center initiatives are due. All Centers will:
(a) Submit their top three proposed small business initiatives to HQ OSBP.
(b) Send a Center SBS, technical, program, procurement representative to the meeting.
(c) Report on the Center SBIP initiatives on the SBPRs.
F. 1 The NASA SBAC Program: This program annually recognizes the Center that has the best overall small business program. For detailed information on the program visit http://osbp.nasa.gov/award-administrators.html.
F.2 NASA SBAA Program: This program annually recognizes outstanding efforts of Agency civil servants in developing and implementing innovative practices in support of the Agency's SBP. For the selection criteria and additional information visit http://osbp.nasa.gov/award-sbaa.html.
F.3 The SBIA Program: This program annually recognizes the outstanding SB Prime Contractor, SB Subcontractor, Large Business Prime Contractor, and Mentor-Protégé Agreement of the Year, that support NASA in achieving its mission. For the additional information including selection criteria visit http://osbp.nasa.gov/award-sbia.html.
F.4 Socioeconomic Goal Recognition: The OSBP AA annually recognizes NASA Centers that meet all of their prime socioeconomic goals for the previous fiscal year. For additional information and past honorees, visit http://osbp.nasa.gov/award-socioEco-goal.html.
F.5 Veterans Goal Recognition: The Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50) established an annual Government-wide goal of not less than 3 percent of the total value of all prime contract and subcontract awards for participation by SB concerns owned and controlled by service-disabled veterans. The OSBP AA annually recognizes NASA Centers that meet and/or exceed this statutory requirement. For additional information and past honorees, visit http://osbp.nasa.gov/award-veterans-goal.html.
G.1 NASA Industry Days: OSBP instituted as part of its SBIP, an initiative focused on increasing outreach in the socioeconomic categories that NASA is not meeting its goals in: SDVOSB, WOSB, and HUBZone. The Agency will continue to host these three-targeted Industry days each fiscal year at NASA Centers until its socioeconomic goals in these categories are met. These events are mandatory for the Center SBSs and each hosting Center, Technical Advisor(s), Technical Coordinators(s), and Office of the Chief Technologist representative. Each Center's top large businesses currently doing business at the respective Center should also be in attendance. For more information on the Agency Industry Day http://www.osbp.nasa.gov/industry-day-events.html.
G.2 Communications Plan: This document is produced in coordination with
the Headquarters Office of Communications and provides guidance and
direction in regard to the release of HQ OSBP policies and
accomplishments to the public through multiple outlets, including social
media. For additional information on the Communications Plan, visit
http://www.osbp.nasa.gov/vision-commPlan.html.
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.