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= DEPART M ENT OF THE N AVY OFFICE OF THE ASS I STAN T SECRETARY RESEARCH , DEVELOPMENT A ND ACQUISITION 1 000 NAVY PENTAGON WASHINGTON DC 2 0350-1000 MEMORANDUM FOR DISTRIBUTION 9 NOV 201 2 SUBJECT: 8(a) Partnership Agreement between the U.S. Small Business Admi ni stration (SBA) and the Department of Def ense (DoD) The attached Partnership Agreement (PA) of September 27,2012 signed by the Director, DoD Office of Small Business Programs/SBA Associate Administrator for Government Contracting and Business Development/Director, Office of Strategic Alliances is forwarded for your information and action, as appropriate. It renews the 8(a) PA between the U.S. SBA and the DoD and gives authority to DoD contracting officers to award 8(a) contracts directly to 8(a) program participants in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 219.8. The agreement does not have an expiration date. Further details are provided within th e PA. My point of contact is Ms. Gabrielle Trickett, gabrie ll e.tri [email protected], 703-614-9641. Attachment: As stated Distribution: CMC (LB) MARCORSYSCOM (CT) MSC (N lO) NA V AIRSYSCOM (2.0) NAVFACENGCOM(ACQ) NA VSEASYSCOM (02) NA VSUPSYSCOM (02) ONR (02) SPA WARSYSCOM (2.0) SSP (SPN) Copy to : AGC (RDA) DONOSBP Executive Director DASN(AP)

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Page 1: DEPARTMENT OF THE NAVY OFFICE OF THE … Policy Memoranda... · OFFICE OF THE ASSISTANT SECRETARY RESEARCH, DEVELOPMENT AND ACQUISITION ... requests and the procuring activity agn:c

= • DEPARTM ENT OF THE NAVY

OFFICE OF THE ASSISTAN T SECRETARY RESEARCH , DEVELOPMENT A ND ACQUISITION

1000 NAVY PENTAGON WASHINGTON DC 20350-1000

MEMORANDUM FOR DISTRIBUTION

~ 9 NOV 2012

SUBJECT: 8(a) Partnership Agreement between the U.S. Small Business Administration (SBA) and the Department of Defense (DoD)

The attached Partnership Agreement (PA) of September 27,2012 signed by the Director, DoD Office of Small Business Programs/SBA Associate Administrator for Government Contracting and Business Development/Director, Office of Strategic Alliances is forwarded for your information and action, as appropriate. It renews the 8(a) PA between the U.S. SBA and the DoD and gives authority to DoD contracting officers to award 8(a) contracts directly to 8(a) program participants in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 219.8. The agreement does not have an expiration date. Further details are provided within the PA. My point of contact is Ms. Gabrielle Trickett, [email protected], 703-614-9641.

Attachment: As stated

Distribution: CMC (LB) MARCORSYSCOM (CT) MSC (N lO) NA V AIRSYSCOM (2.0) NAVFACENGCOM(ACQ) NA VSEASYSCOM (02) NA VSUPSYSCOM (02) ONR (02) SPA WARSYSCOM (2.0) SSP (SPN) Copy to: AGC (RDA) DONOSBP

Executive Director DASN(AP)

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P.ARfNERSIIIP AG R EEMENT Bctwcl~ ll

T he ti .S. Small Busim·ss Ad ministrat ion And

The U.S. Depadmcnt of Dl'fcnsl'

SfP 2 7 2012

Sn :ti ons 7(j) and S(;,~ ) o r the Small Business 1\ct (th~ 1\<.:t) ( 15 li.S.C. §§ 636 (j) and 637(a)} mllhori z<.: the U. S. Small 13usill<:ss Adminis trat ion (SBI\) to l'slnhlish a business tkn~lo pmcnt program. which is known as the l-:(a) 13usin ~..:ss Dl'vl'lopment (BD) Program. The R(a) BD Program pro mows the development or small business com:ems owned and cont rolled by socially and cconomi~..:ally disad vantaged indi\'iduals so that such concerns can compete in tht: mainstream or the 1\ml'rican ccollom y. ( 15 U.S. C . ~ 63 1 (f)(2)). Smal l busi nl'ss dcwlopmcnt is ac<.:ompli shcd by prcn ·iding vari ous lo rms or management. technica l. limmcial nne! procurcm<.:nl nss istancc. Additiona ll y. pursuant to se<.:tion 8(a) of thl' t\ct. SB1\ is authorized 10 enter intu alltypl's or contracts vvith other Federal agencies and to subcontract thl' performnncc o f these contrads to qualified Participants in the 8(a) BD Program.

I. PURPOSE

The purpos~ Dl"this Partm:r:-h ip t\ gre~o:m~m (PI\ ) belw~~n Sl3;\ and th~ U.S. lh·partment of Defense is to Jdcgat~ S B;\ ·s t: ~mtract execution !"unc tions to th~ U.S. Dcpnrtm~nt t'f Dcli:ns~ per thl' r('quirl'ments or 13 Cod~ or Federal Regulations C .F.R. ; 1 ~4. 501. The P!\ sets fo rth the delega tion ofauth~owit~ and establishes the basic proccdur~..:s f(lr expediting the ;mard o i" S(a) ~nnt rac t 1\.:quiremcnts. This P;\ replaces all terms and t:onditions or nny previ ous !~ executed ~ kmorandum nr Understanding (MOLl) nr PI\ wilh the u.s. Dcpar·tmcnt of Defense ~o)!· subordinate agencies Oil thL' issue o r c:-:pccliting thl' award or requirements pursuant w Sect ion X( a) or the /\ct.

Failure to s ign thi s PA will require thl' U.S. Depa rtment of Defense t<' utilize the prescribed processes to contract with th~..: SB/\ as stated in the 1-"l.:dcral !\ <.:qui sition Regulation ( Ft\ R) Subpart 19.8.

II. OB.JECTlVES

A. To tk•lineatc the rcspt,ns ibilitics as they rehlle to the overs ight. monitoring and cnmpl iancc "ith procurem~nt h1v\>S and regula! ions governing S(a ) <.:on tracts bt twcen S B1\ and the U.S. Dcpar·tmcnl of Otfcnsc:

H. To establish tl11.: procedures lor ~o)fkr and ~H.:ccptanc~ bl't \\'\!Cn SB/\ and thc U.S. l>cp:utmcnt of Defense:

C. To c~lab lish that Sn ;\ \\'ill respond to ~n o l"lering kuer "ithin live (5) working uay~ if the contract is valu~d at more than th<.' s illlplified a~..:quisition threshold and within lwn days or rccdpt ifthl' contract is \'alucd at ~ow bdmv th1.· si111pli lied acquis ition thrcshold:'. S~:c I:\ C.r.R. ~ 12-1 .50:\{a)(:J ):

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D. To cmphasi/.c that although S B/\ delegates the authority to sign contracts on its behalf. it remains the prime contractor nn a ll 8(a) cont ract awards. modi lications. options and purchase orders. and must receive copies of all contracts tmd subscqucnt moditkations:

E. Tn establi sh unilor111 poli cies and proccdun.:s rc.:garding applicati on or comract:=; and pun:ll:~sc orders to the 8(a) contracting process.

F. To monitor the U.S. Depanment or Dete nsc ·s fulfi l lmem all requirements outlined in the PA quarterly:

G. To suspend or n.:sc ind the delegation of this PA if the U.S. Depa rtment of Defense has violated any te rms and condition of the PI\.

Ill. SCOPE

The PI\ pro ,·idcs for the award o r cont racts. modifications. options and purchase orders under the pro,·isions or Secti on 8(a) of the 1\ct ~s implemented by the FAR Subpart ltJ .S ami S BA's R(a) BD program regulations fo und at 13 C.F. R. ~ 1 24. (Subpart t\ ).

rhc PI\ encompasses all compcti tin: and non-competiti ve acquisi tions or requirements o !Tercd b) the ll.S. Depart ml·nt of Defense contracting o fticcs and m.:ccptcd by SBJ\ fur th~ S(a) BD Program.

T he Pi \ applies to all .'131\ orticcs and a ll the U.S. Department of Defense contract ing o niccs. as de lined in FAR S 2. 10 I and deemed appropriate by the head of the :tgency. as defined in FAR 9 2. 10 I. for the U.S . 11~.-·partmcnt or Delcnsc.

IV. RESPONSIBILIT IES

A. SBA's Responsibilities.

SBA

1. delegates to the U.S. J>ep:trtmcnt of Ocfcnsc l()r rc-delcgation to all warranted U.S. Dcpnrlmcnt of Defense's contraL:ling orticers. its authori ty under sectio n 8(a)( I )(/\) o f the 1\ ct lo ente r into 8(a) prime contraL:tS. and its authority under section 1\tn)( 1 )tl\) nf thc Act to arrange for the performance o r such procurement contracts b) e li gible 8(a) Panici pants. In accon.btH.:c with 13 C.F.R. s I :!4.50 I (a). SB/\ delegates its 8(a) contract C:"\ecution function . S l3/\ remains the prime conu·,1ctor on all S(a) contracts and the 8(n) Participant remains the SB!\ ·s subt:ontractor:

I will implement its respons ibi lities under this PA through un ifo rm procedures for use by a ll SB;\ orticcs:

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:l . will provid~ training li.w the U.S. Dcp:u·tmcnt of Oc fcnsl' contra<.;ting orticcrs and small business spe<.:ialists. on th~ Sl3/\ ·s ~(a) BD Program and various aspects ot" thc PI\;

.:.J . sha ll review thl' U.S. De pa rtm ent o f Defense's offering lcllc rs. issue acceptance or n:jection letters. and mnkc eligib ility determinations for award .

1. Sl31\ wi ll issue either nn acceptance letter or rejection letter wi thin live (5 ) working days of receipt of an offering letter. unless the District Oflicc requests and the procuring activity agn.:e to an cxt<.;nsi(H1 of time .

11. Absent a notification of" rejection wi thin five (5) working days or rc.'ccipt of the on<:r. m.:ceptancc may be assumed on the sixth (6th) working day unl ess an extension has been requested and acccpt~.·d. except fi.lr provision o r FAR ~ 19.lWH-1 for S(a) sok-soun.:c procurements that exceed $20 million.

iii. For procurement over £20 million. if" the U.S. Department of Defense has not received an acceptance or rejection letter t"ron1 the Dis trict Office on the 6th working dny, the U.S. Ucpartmcnt of Defense tm1st s~ck SHA · s acceptance tlm)Ugh the /\ssociate Administrator. Office of" Business lkvcloplllelll (/\/\113D).

tv. 1\ccl.!ptance shall includ~.: a s ize \"Critication and determination with respect tn all clements of el igibility (i.e .. determination o r advcrsc impnct. North American Industry Classification System ( A ICS) code appropriateness and program eligibili ty). See ci tations 13 C.F.H. 9 124.503(b). 12..t.50-l(<.;) and 12..t.ll2 .

(b) Competitive Acquisitions.

1. SB1\ will issue an acceptance letter or rejection letter within five (5) working days of receipt of an ol"fcring letter. unless the District Onicc reques ts and the procuring activity agn:c to an extension o fti111c.

11. Absent notificntionor rejection within live (5) working days or rcccint or the ol"fcr. the procuring activity may seck SB/\ ·s acccptam:~ through the /\ssociate Administrator. Office of

Jlag~ 3

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Business Development (A/\/13D). I r th~ procuring acti vity uocs not n.:ccive a rep l) from the !\ 1\IBD wi thin five (5) work iJJg days u l'th ~: AA/131Y s receipt of the offer. the pro<.:.uring acti vity may assume a<.:.ccptancc on the sixth (6111

)

wo rking day. Sec citat ion 13 C. I .. . R. 9 124.503(5).

111. /\cceptanrc slwll include a size verification and dch.:rmination with respect to all elements or eligibility (i.e .. ckt~:rminalion of adverse impact, onh American Industry Classilkation System (NA ICS) code appropriateness and program eligibil ity). See citations 13 C.I-' .R. ~ 124 . .'\03(b). 124.504(c ) and 12-l . I 12.

i'·· Within li\\.' (5) \\Orking c1:1ys alkr n n:qucst from the contracting orticcr, SRA shall issue an eligibilit y determi nation l(w the apparent sLu.:c~sst'ul o tTer o f the competition as prcscrib~d by SBA · s regu lations at 13 C. F.R. ~ l2-t .507(b).

(c) Acquisitions Valucd at or Belo\\' the ' implilicd Acquisition Procedures Threshold. (S/\1' ).

1. No offering or ac<.:.cpl<lncc kttcr is 1-...:q uircd lo r requirements , ·alucd at or bcl{l\\' the simplilied acq uisition threshold in <JccordmH.:~ with the ddcg.a tion authority .

11. SB will revic\\ the prngram eligibility n t'the g(a) Participant \\'ithin l\\-0 (2) \\'Orking. days nfter a request from the co11t racting onicer.

111. 1\bscnt a notilication that the se lected 8(a) Participant is ineligibk l(w the award wi thin two (2) working days. the procuring agency may :1ssl11ne the 8(a) Participant is d igihlc and proceed with award, as prescri bed by SBA ·s regul ations at 13 C.F.R. 124.503(a)t-l )( i).

5. shall review and appro\'e al l proposed joint venture agreements involving R(a) P:1rticipants b~..·lore 8(a) contract awurd:

(,. may provide 8(a) Part icipants with contracllh.:go tiation assistance or direct them to appropriate resources where thl.'y can obtain technical assistance in contract negotiations when requested by either the 8(n) Partici pant or the U. ·. Department or Ddensc COIItracting orticcr:

7. shall re tain its appeal authority in accordance wi th FA R ~ JC).SJO:

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8. shall retain the right to perform on-site agency n; v il'\\'S to ensure t:antract com pliar11.:c:

9. may identify a requirc111cnt for an S(a) Participant for a possibh.: award . SB1\ will submit capabi li ty statements to the approprinte procuring acti vities lor the purpose or rrwtching requirements consistent with the g(a) Participant' !' capability:

I 0. shall retain the responsibility lo r ensuring that S(a) Participants comply wiih a ll applic:1bk provisions relating to continuing eligibili ty for S(a) HD Program pa rticipati on 1 >~.:r 13 C.I-'.R § 12-U 12 .

II. shal l s~:kc.:t an :rppropriale 8(a) Participant whL'n the U.S. Department or Defense submits an npcn orti..- ring lcucr !or a sole sourn; n.:quircmcnt.

B. Responsibilities of The U.S. ncp:1rtmcnt of Defense

1 h .: lJ .S. Dcpa rtm cn t of Dcf<.·nsc

I. shall recc i\'c and rdain Sl3.'\ ·s delegation or contract c:..:ccution and review !'unctions by reportin g all 8(a) contract awards. modificC:Jt ions, options and purchase orders to S HI\ until such time as the agreement is amemkd or h:rm i n~l!cd:

shall adlwrc to all provis ions or contractual assistance idcnti ficd in 13 C.F.R. § 12-1 .50 1 through 124 .520: as well as the applicable provisions or F !\ R Subpa rt I C). 8:

:1. shall dctcnnine which rcquirl'mcnts a rL' sui table !(w offering to th ~.: ~(a) BD program in accordance with F/\ R. Subpart 19.~L and, wh~rc appropriah.:. identify in conjunction with the appropriate SBJ\ scn·icing orficc, 8(a) Participants capahk of performing. these requi rements:

-L shall retain respons ibi lity lo r compliance wit h the limitations on subcontracting requi rcmcnt and all applicable provisions or F/\ R ~ 52.2 19-14 and any of the U.S. Department of Defense regulations:

5. shall include provisions in a ll contract awards. modilications, options and purchas~C orders award~.:d or issued under the 8(a) BD Program that require Program Partiei punts to comply with th~.: Subcontracting Limitations. and sha ll Clmdud and docum~.:n t rm assessment at the I imc of contract award or the Participant' s abil ity to comply with the : ·uocontracting Limitations:

6. shal l provide a copy of any signed contract. as dctined in FA R § 2.1 01, includi ng modilications. options anti purchase orders cxccut~d to an !!(a) fi nn umk:r the pruvisiu11s of this PA to the SI3A scn·icing. district oflict.:

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within 15 working days of the dale o r award: S(:(: c i1a1ion 13 C.F.R * 12-LS 12(b ):

7. slwll inli>rm conlracting. otlicas and o1hcr warranted orlicia ls and their (:quivalcnts who an: awartling S(a) contracts of their responsibilit ies cnnccrning thi s agreement:

8. shall ensure that contracting o rticcrs and other warranted oflicin ls and th~ir equivalents obtain training on thei r obligations under thi:; PI\ and tlw subcomracting limitations or FAR* 52.219- 14 and 13 C.F.R. § 124.510 and 125.6:

9. shall includl: nwni toring ancllwcrsight provisions for all contract awards. modilications. options and purchase orders to ensure tlwt all con!rm:ts comply with the performance requirements (!.imitations on Subcontracting) 1.11'F/\R * 52.2J<) .. }-l and D C.F.R. *12-L5 10 and * 125.6:

10. shall reques1 an eligibility determination from SBA's district orticc n:sponsible rnr servicing the selected X(a) Partic ip~ml when an 8(a) Panicipant has bc~.:n idcntificd on all acquisitit)ns valued at or below the simpl ified acqui sition threshold prior to issuance of the purchase order:

l I. shall submit the ol'li::ring ldkr l"or sole source requ irements exceed ing the simplifl~d acqu isition thrcsiHlld to SI3A's district onice n.:sponsiblc fo r servicing the sckct~o.:d S(a) Participant. when an g(a) Participant has b~..:en id<.:ntifiecl . Scc FAR 19.804-2:

12. shall report all 8(a) awards ill th~..: Federal Procurcm\.!nl Data System- Next Generation ( FPDS-N(i ):

13. shall ensure that lor a procurenwnt over $20 million. if the U.S. Ocpar·tmcnt of Dcfl'nsc has not rccci\'ccl an acceptance or rejection letter fmm tht' District O nicc on th <.: 6th working day. the U.S. Ucpar·trncnt of Dl'fcnsc must seck SBA ·s a~.:ccptancc through thc AssLl<.:iate Administrator. Onice or 13usin~.:ss De\dOplllCI11 (AAI13D).

14. shall ensure that the U.S. Octmrtmcnt of Defense's contract ing ofJiccrs cxcc.:ulc a Justili ca tion and Approval (.1&/\) when awarding a sole-source contract fo r over $2() mill ion anu approved by the appropriate agency official. All .I&A·s and related information must be made public after ;manJ. . ce FA R § 6.303 and 19.808:

15. Each justification Jor a sole-source 8(a) contract over $20 million shall im.: lmk the Jollowing inlo rmmion:

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(a) A description o !' th ~.: ncr.::ds or the agency concerned !'or the matters covcn::d by the contracl.

(b) 1\ specification o lthc statutory provision providing the exception !rom

the requirement to usc competi ti ve procedures in entering imo the contract (sec FA R § J!)_X!!.' 1).

(c) 1\ determination that the usc nf' a sole-source contr3ct is in the best intcn.:st ol"thc agency com:cmcd.

(d) 1\ determination that the anticipah:d cost or the contract wil l be l~1ir and

reasonable.

{c) Such other matters as the head or the agency concemcd sh<1ll spcci i"y lor

purposes of this section.

16. shall submit an open offering letter lo r sole source requirements to the SBA district onice that sen·iccs tlw geographical area where the U.S. De partment of Dt.'fcnse's contracting activity is locntccL when the lJ .S. Department or l)cfcnsc has not itknt i lil.!d a speci lie S(a) Participant lc.>r a requirement. S~..:..: Ft\R 19.80-t-2:

17. shall submit the oiTcring kttl.!r lo r compctiti vl.! S(a) requi rl.!mcrlls to the SBA district ~l nitc that scrvicL:s the geographical arl.!a whcrc the U.S. Department of Defense's contracting activity is located. l:xceptions: the o ffering lett..:rs for construction work will he sent to the SD/\ d istrict oflicc located in th<.: geographical area \\here the work wil l be perlo rm<.:d. or. in the case or construction tontracts to be pcrronn~d ov..:rseas. the oi"li::ring letter sh;d l be submitted to S I~J\'s I lcadquarters. Sec F R 19.80-t-2;

I 8. shall request an cligibilit) <!<::term ination prior to tina I ;1ward in all S(a) competi 1 i ,.e acquisitions:

19. shall cnsurl.! that al l contracts (1\\ar(kd pursuamto this Pt\ conta in provisions that require :

(a) Sl3i-\ ·s approval <11" novation agreements submitted by the S(a) Participam: and

(b) ad vance notic..: to SBJ\ (as the prime contractor) prior I L) issuanc<.: of a linal notice tl.!nninating the comract in whok or in part:

20. shall ensure that all N/\ ICS cucks f"or all R(a) contracts are app lied in accordance wi th FAR § 19.102:

2 1. shall adhcn: to all limitation on sub-contracting provisions of FAR ~

19.8 11-3:

Pag..: 7

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')}

, ... - -' ·

2-l.

.,­~).

26.

sha ll add language to ever) contract stating that. even though SI3A may not b~ identilieJ in section i\ (lf thc cont r;~ct. it is still the prime contractor on thc contract:

slwll provide all propo:-.ed R(u) joilll ventun.:s to SB/\ lor approval before 8(a) contract(s) ;mard:

canm)( usc contracts that have nut been (Jf'lered to and accepted by SB/\ into the 8(a) 13D program as credi t toward the U.S. Department ol' Dcfcnsc·s Small Disadvanwgcd Business (S DB) negotiated goals:

a Contract ing ()nicer shall notify SB/\ in writing of their request to release a requirement from tlu.: H(a) BD Program. The wrillcn notification should be s..:nt to the cognizant SB/\ di strict office serving the gcographical area in which the procuring agency is located. The Contracting Ol'liccr shall include the rcason(s) for the request. the procurement history of the requirement. the ineumbt.:nt name. the assigned N/\ ICS Code and the Statement or Work. The firwl decision n.:sts with the 1\t 13D: and

shall provide S l3/\ with access to all non-dassilkd information in cnn tra<.:t liks so that SI3A can pt:rlonn on-site agcm;v rcvk\vs to ensure that procuring ag.t:nci~s an: cnmply ing with the terms and conditions of this agreement.

V. CONTRACT F:Xf<:CUTION

The U.S. Department of Defense's contracting oniccr ma y makt• direct award or a <.:ontract to the 8(a) Participant. but only after the rcquircmcnr has been offered to and accepted by SB/\. Acqu isitions valued at or belt>\\ the s implified acquisition threshold. as de lined in FAR * ~ . I 0 I. and p~.:r 13 CY.R. * 12-L503(a)(4 )(ii). require no otTer or acceptance lcllcr: ho\w\·c r: (a) a program eligibility d~.:termination ol' the selected 8(a) Participant from Sl3/\ is

required: and (b) the procuring activity must noti t~ SB/\ of' all H(a) awards made under this

authority. per 1.3 C.I-'.R . § 124.503(a)(4)(ii ). Contract execution shall be on the appropriate fc1r111 as spe~.: ilied in F;\R or by the U.S. Oep~1rtmcnt of Defense regulation. The "Issued by'' block shall ickntiry the <rwmding U.S. Department of Defenses ofl"tcc. The Sl3/\ district orticc for the f:(a) Pnrticipant shall be identified in th~ award document. Th~ 8(a) Participant's name and address shall bl! listl!d as the C\)ntractor. The U.S. Dcparlmcnl of Defense's contracting actiYitics arc n.:sponsible l"or issuing procurement instrument identilication numbers. SBA ''ill not issue sub~.:ontract munbl!rs.

PagL: 8

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V I. 'flt:RM/ TERMINATION

This 1'1\ is crlcctivc on the date oi"SBI\' s signature'. This P;\ docs nol have an expiration dat0: however. it can be suspended based on violation nfthl! PI\ terms and conditions. Either S l3;\ or th~ U.S. llcp;11·tmcnt of Defense may terminate this PI\ upon 30 calendar days ad,·anc~ "rittcn nnti c~ to th~ other party.

V II . AMENDM ENT

This PI\ may lx: amct1clcd. in \Hiting. at any time b) mutual agreement or thc parties.

V III. CONDITION~

1\. Contracts that h<l\ c not been offered to ami accepted by SRI\ into the X( a) 131) program cannot be used for the U.S. J)(•partmcnt uf Defense's Small Disadvantaged Business (S DB) ncgot iatcd goals.

13 . SBA reserves the right to suspend or rescind the authority or thi s P 1\ wi th the U.S. Department o f Dd<.:nse !'or 1;1ilure to submit copies to SI1A o r contract awards, modili<.:ations. opt ions and purchase orders within 15 work ing days o f' award . l~til urc to adequately nwnitor 8(n) cont r:H.: t compliance requiremetlts. or if' the U.S. Ocpartmcnt o f Defense otherwise l~til::; to rollow the terms o!' this PI\.

C. SL3;\ reserves th~ ri ght tn suspend or rl!scind th~ authority o f this P 1\ with the U.S. Department of Defense lor fi'tilun: to update the 1:ederal Procurement Data System - Next Generation ( FPDS-NG) so that SB/\ can adequatel y measure and gauge the 8(a) contracts being awarded using th~ guidelines outlined in the P;\, which will be conducted by the SB/\ quartl!rl ~.

D. SBA has the right to conduct p~riodic compliance on-site agency rcvic'<vs of the files or a ll contracts awarded pursuant to Section S(a) authorit y and this Agreement. Thl! delegated authority may be t\:scimkd \\hen o n-. itc agency rev iew lindings indicate a pattern or railurc to comply \\'ith 8(n) program regulations that govern award and administra ti on nr such contracts .

E. Where a procurement is a\\arded as an 8(u) contract. its follow-on or rem:wablc.: acquisition must remain in the 8(a) HI) progmm unless SB/\ agrees to release it. If the U.S. l)cpartmcut or Dt'fcusc would like to fullill a follow-on or renewable acquisition outside of the 8(a) BD pwgram. it must make a written request to and rcc0ivc the concurrence of the ;\ ;\/BD to dll so. SB,\'s rekase for non-8(a) competition \\'ill be in accordance " ith 13 C.F.R § 124.504 . SB/\ will process the wri tkn n.:quc.:st within I 0 business days t'l" n.:ccipt hy the /\ 1\/ BD.

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I X. ADUITIONS/CII ANGES

I . This PI\ vvill tak<.: effect on th~ date 111' SB/\ 's signatur<.:. This PI\ docs not have an expi rat ion dat~.

SB/\ shall provid~ nwnitoring and ovcrsight of all X( a) con tracts awarded to ensun.: that the servicing di strict oflicc is n.:c.:civing a copy o f cach ClHllract. modifications. options and purchase on.krs executed under this PI\. This process will be conducted quarll:rly by data utilization of the Fcdernl Procurement Dat~1 System­Ne::xl Gencration (FPD '-NG).

1. The <.:ontract ing officcr shall justify the usc or a S~) lc-soun.:c contract for $20 million or nwrc in writing in accordance with FAR* 6.303 and 19.808:

4. For procun.:mcnt over $~0 million. if no acceptance or rej ection letter has been provided by the District Office l)n the 61

h working day the U.S. Dcpar·hncnt of n cfcnse will contact thc Associate 1\drninistrator ror Business Development.

5. U.S. Department of Defense shall adhere to all limitation on sub-contracting provis ions oi'FAR ~ 19.811-3 .

X. ADMINISTRATION

For· the U.S. Dt·p~u·tmcnt of Defense:

Carol Brown Associate Dircl:tor 4800 Market Center Drive Suite ISG 13-l ·:ast Towl:r Alexandria, V 1\ 22350 (571 ) 372-6305 (57 1) 372-6 195 Fax II Carol.a. brownrcilosd.m i 1

For SBA:

Sharon GurlC) Director. Ortic~ of Program Rcvic\\' Orticc o f Business De,·dopmcnt 409 3n1 Street. S\V. 8'11 Flonr Washington. DC '204 16 (202) 205-701{-l (202) 4H 1-5539 ( fax ) S baron. G uri<.: yt a1sb:1 . gov

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XI. ACCEl>TANC E

Authorized by and on bd wlr or thei r rc ·pl.!c tivc agcncit.:s, the undersigned parties hercb) accept I hi.! terms and conditions or thi s :1grccmcnt.

For:

The U.S. Dcpartllll'nt of l>cfcnsl'

JlLj~~ A ndre Cludgcr Director O rti<.:c o f Small Business Programs

For:

SBA I 7/ -., r--cy~ __ _J)__ ,(0~ ,2- c4~,;:. v ;;rt: ~ Date i Date

t\. John Shoraka ivt ina /\. Wales Asstlc i:uc Administrator lor Governml.!nt Cont r:1cting and Bw;incss Dl.!v<:lnpmcnt

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Director Officc ofStrat ~.:gic Alliances