Allowing a Set-Aside Within a Set-AsidePosted: March 13, 2019
So we know that a contract is either unrestricted, which means anybody can bid, or it’s set aside for small businesses. A contract can be a generic small business set aside, or it can be specifically protected for one of the SBA’s socioeconomic small business programs, i.e., a woman-owned small business (WOSB), a service-disabled veteran-owned small business (SDVOSB), a HUBZone business in a historically underutilized business zones, or an 8(a) small business owned by socially and economically disadvantaged people or entities.
In the past, when a generic multiple-award contract (MAC) was set aside for any small business, it used to be that everyone within that winning pool could bid on all the task orders from that contract.
With this new rule that will be implemented by SBA and eventually populated down into the Federal Acquisition Regulation (FAR), agencies will now be able to set aside task orders for a more specific group (WOSB, SDVOSB, etc.) under a multiple-award contract originally awarded as a general small business set-aside.
As Sam Finnerty points out in this PilieroMazza blog post about several SBA changes, in the past the SBA “was concerned that such a rule would unfairly deprive SBCs [small business concerns] of an opportunity to compete for orders issued under their MACs. In the Rule’s preamble, SBA explains that other actions it has taken in recent years have alleviated these concerns. However, SBA is requesting comments on whether it would impact the ability of SBCs to compete for and receive orders.”
Under this new rule, an agency would have a certain number of awards specified for generic small businesses, but would actually be allowed to go down another level. So even though you may have won the contract as a small business, you’re not guaranteed that every task order is available to you, as they would under the current rules of the road. Some orders may be further set aside and if you don’t qualify for that program, you couldn’t bid on the order.
So this change would restrict certain rights, but it gives the federal agency more room to make sure the right activity comes to the right vehicle, and will also help them keep their small business credits going.
As for small businesses, we want the agency to come to this vehicle and this change makes it attractive to them by allowing them to get additional credits, not just small business credits but credits for using specially certified businesses as well. This is particularly important at the end of the year when everything is done in a rush and they’re looking to get in their numbers.
The hope of course is that they will continue to come back to that vehicle, and maybe some of those task orders will be ones that your small business does qualify for. Stuff escapes the system all the time and we’re trying to get to the point where they don’t have to go somewhere else. Ultimately we want them to meet all their requirements in this vehicle and to keep all the agency work together.