BOP-003.0305 Rev. 1, NNSA Small Business Policy

cr #. aa Vv ies a 4 NNSA Policy Letter: BOP-003.0305R Date: June 5, 2007 TITLE: NNSA Small Business Policy II. Il. OBJECTIVE: Formally promulgate NNSA’s policies and approaches to providing America’s Small Businesses including small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone smail business, small disadvantaged business (includes native Americans), and women-owned small business concerns the maximum practicable opportunity to participate in its acquisitions that support all of NNSA’s program and mission accomplishments. APPLICABILITY: A, This Policy Letter applies to all Federal organizations and elements of the Administration having contracting authority and to contract actions taken by NNSA Contracting Officers obligating NNSA or non-NNSA funds. For the purposes of this Policy Letter, the term “contract actions” includes actions relating to solicitations, contract awards, orders placed under Federal Supply Schedules, orders placed under Government-wide Acquisition Contracts, Blanket Purchase Agreements, Blanket Ordering Agreements, Basic Agreements, letter contracts, bilateral modifications for new work, and other procurement actions. POLICIES: A. The NNSA is committed to providing maximum practicable contracting opportunities to small businesses (as defined in the Federal Acquisition Regulation (FAR) Part 19.102) for goods and services needed to support program and mission accomplishment. All NNSA non-Management & Operating (M&O) contract actions, shall be reserved for small businesses. Non-M&O contract awards to large business require an approved Small Business Waiver prior to making award as defined in BOP-003.0701. All small business subcontracting plans as identified in the FAR Part 19.7 and the Department of Energy Acquisition Regulation (DEAR) Part IV, VI. 970.19 shall include goals that will challenge contractors to expand small business use. REQUIREMENTS: A. Deputy or Associate Administrators, and the NNSA Service Center Director shall ensure that the Secretary’s and NNSA Administrator’s small business contracting objectives are supported to the maximum practical extent. Deputy or Associate Administrators shall provide the Administrator, through the Office of Acquisition & Supply Management (NA-63), an annual prime small and small disadvantaged business goaling forecast that supports the Department of Energy’s planning processes as directed by the Office of Small and Disadvantaged Business Utilization (OSDBU). Site Office Managers shall ensure that subcontracting plan goals are negotiated in their M&O contracts in accordance with the contract terms and conditions in consultation with the Service Center Small Business Program Manager (SBPM) and with the concurrence of the NNSA Senior Procurement Executive (SPE). The Service Center Procurement Director shall provide guidance to their contracting officers to ensure that all non-M&O contracts awarded by the Service Center that require a small business subcontracting plan, include goals reflecting appropriate participation by small businesses. Site Office Managers and site contracting officers shall encourage M&O contractors to seek every reasonable and realistic prospect to broaden and increase small business subcontracting opportunities. EXCEPTION: An exception to the policy in Section HI.B. may occur if there exists compelling programmatic reasons ¢.g., unusual and compelling urgency, not to reserve the requirement for small businesses in accordance with Section VIC,

RESPONSIBILITIES: A. The Administrator is responsible for establishing small business strategic direction and policy to meet NNSA’s commitments to the Secretary on small business contracting goals. The Deputy and Associate Administrators, Site Offices Managers, and the Service Center Director will ensure that this policy is implemented and plans are established to meet small business goals. For Federal contract actions exceeding $1,000,000, the Deputy or Associate Administrators, in consultation with the SPE, are the only individuals who may make the determination to exempt a requirement from NNSA’s small business policies. For transactions below this threshold, the requirements of the FAR Parts 13 and 19 are to be followed as dictated by local procedures. Service Center Contracting Officers shall: 1. Conduct market research to locate businesses that are capable of fulfilling NNSA requirements with an emphasis on small business sources as prescribed in FAR Part 10. 2. Partner with Site Office Contracting Officers and M&O contractors to identify opportunities for strategic purchases from small business. 3. Facilitate and promote small business teaming arrangements that will increase opportunities for small business participation in NNSA’s procurements and subcontracts. 4. Obtain approval determinations required by this Policy Letter (III.B.} before initiating contract award actions. Site Office Contracting Officers shall: 1. Include a clause in M&O contracts that requires M&O contractor participation in strategic and enterprise purchasing initiatives. 2. Approve contract modifications to subcontracting plans with the concurrence of an NNSA SBPM after award. 3. Conduct annual subcontracting goal negotiations. NNSA Small Business Program Managers, designated by the Head of Contracting Activity (HCA), shall perform the following functions: 1. Participate in contract strategy planning and requirement reviews. Provide set-aside recommendations and concurrence on strategy. Retain copies for SB files. 2. Manage the forecast of NNSA contracting and subcontracting opportunities. 3. Provide guidance to contracting staff and Contracting Officers on development of Small Business Waivers. Provide coordination and liaison with HQ to obtain waiver approval. Retain copies of all waivers. 4. Provide guidance, review, and concurrence on all subcontracting plans prior to acceptance by the Contracting Officer. 5. Provide guidance, review, and administration of the overall NNSA Service Center electronic Subcontract Reporting System (eSRS) submittals and other external government reporting systems. 6. Assist NNSA Headquarters (HQ) SBPM in developing enterprise-wide policies, programs, and procedures furthering small business utilization. 7. Ensure Service Center and field sites are aligned with HQ’s policy and procedural guidance. 8. Provide day-to-day operational management of NNSA’s Small Business Program on a nationwide basis, including NNSA HQ, SC and its major prime contractors. 9. Interface with assigned NNSA M&O contractors, providing assistance to site management for annual subcontracting goals. 10. Represent NNSA through interface with small businesses: other Federal Agencies State/Local Governments, and small business professional organizations. Office of Small and Disadvantaged Business Utilization (OSDBU), Headquarters, is responsible for the administration of small business programs for the Department L.A.W. the Department of Energy Acquisition Regulation Part 919,

VIL SPECIAL PROCEDURES: A. Bundling Determinations - The OSDBU is the Department’s focal point for the review of bundled acquisitions (see FAR 2.101). NNSA Program Offices intending to proceed with a bundled procurement must forward the acquisition through the NNSA Competition Advocate and SPE before submission to the OSDBU. The OSDBU review is designed to ensure conformance with the statutory requirements regarding bundling and to identify ways to maximize the participation of small businesses in the procurement. If the OSDBU determines that the proposed bundling of a contract is not necessary and the Program Office disagrees, the matter will be referred to the Deputy Secretary through the NNSA SPE and the Administrator. The Deputy Secretary, without power of delegation, may determine that bundiing is necessary and justified if: (1) the expected benefits do not meet the thresholds identified in FAR 7.107(b)(1) and (b)(2), but are critical to mission success; and (2) the acquisition strategy provides for maximum practicable participation by small business concerns. Subcontracting Plans and Annual Subcontracting Goals - The Site Office Manager or designee shall coordinate M&O Subcontracting Plans and Annual Subcontracting Goal Forecasts with the NNSA Service Center SBPM and the SPE pnor to approval by the designated site official. M&O Subcontracting Plan or Annual Forecast modifications shall also be coordinated with the Service Center SBPM and the SPE prior to approval by the designated site official. Approved plans shall be sent through the appropriate line organization for concurrence prior to transmission to OSDBU. REFERENCES: 1. Acquisition Letter 2005-08 Revised, Small Business Programs 2. Acquisition Letter 2005-06, Small Business Procurement Goals 3. Acquisition Letter 2005-02, Implementation of Fiscal Year (FY) 2005 Legislation Provisions 4. Acting Administrator Linton F. Brooks memorandum of August 29, 2002, NNSA Commitment to Small Business Programs 5. Federal Acquisition Regulation Part 10, Market Research, Part 13, Simplified Acquisition Procedures, and Part 19, Small Business Programs 6. Department of Energy Acquisition Regulation Part 919, Smal! Business Programs POINT OF CONTACT FOR ADMINISTRATION OF POLICY LETTER: Headquarters Small Business Program Manager, Office of Acquisition and Supply Management (NA-63) 202-586-8304. BY ORDER OF THE SENIOR PROCUREMENT EXECUTIVE: LD David O. Boyd National Nuclear Security Administration