19.402 Small Business Administration procurement center representatives
Source: FAR 19.402 on acquisition.gov
SBA Procurement Center Representatives play a critical role in maximizing small business participation in federal contracts, and contracting officers must cooperate fully with their oversight and recommendations.
Overview
FAR 19.402 outlines the role and responsibilities of Small Business Administration (SBA) Procurement Center Representatives (PCRs) in federal contracting. PCRs are assigned to contracting activities or contract administration offices to promote SBA policies and programs, particularly those supporting small business participation. The regulation details how contracting officers must cooperate with PCRs, including providing access to contract information and considering their recommendations to enhance small business opportunities. It also describes the process for PCRs to review acquisitions, recommend set-asides, suggest new small business sources, and appeal decisions that may limit small business participation.
Key Rules
- Assignment and Conduct of PCRs
- SBA may assign PCRs to any contracting activity; PCRs must follow agency conduct and security requirements.
- Access to Information
- Contracting officers must provide PCRs with access to pertinent contract information, subject to security and acquisition regulations.
- PCR Duties
- PCRs review acquisitions, recommend set-asides or sole-source awards, identify new small business sources, suggest breakout of requirements, and propose ways to improve competition.
- Acquisition Package Review
- PCRs can recommend alternative contracting methods if current approaches limit small business competition, with recommendations due within 15 days.
- Appeals and Reviews
- PCRs may appeal decisions not to solicit small businesses and conduct periodic reviews of agency compliance with small business policies.
Responsibilities
- Contracting Officers: Must cooperate with PCRs, provide access to information, and consider their recommendations and appeals.
- Contractors: Should be aware that PCRs may influence acquisition strategies and set-aside decisions.
- Agencies: Must ensure PCRs have necessary clearances and support their oversight and training activities.
Practical Implications
- This section ensures small businesses have fair opportunities in federal contracting by empowering PCRs to review and influence acquisition strategies. Contracting officers must be responsive to PCR recommendations and appeals, and agencies must facilitate PCR access and compliance. Common pitfalls include delays in responding to PCR recommendations or failing to provide required information.
(a)
(1) The SBA may assign one or more procurement center representatives (PCRs) to any contracting activity or contract administration office to carry out SBA policies and programs. Assigned SBA PCRs are required to comply with the contracting agency's directives governing the conduct of contracting personnel and the release of contract information. The SBA must obtain for its PCRs security clearances required by the contracting agency.
(2) If an SBA PCR is not assigned to the procuring activity or contract administration office, contact the SBA Office of Government Contracting Area Office serving the area in which the procuring activity is located for assistance in carrying out SBA policies and programs. See https://www.sba.gov/federal-contracting/counseling-help/procurement-center-representative-directory" target="_blank">https://www.sba.gov/federal-contracting/counseling-help/procurement-center-representative-directory for the location of the SBA office servicing the activity.
(b) Upon their request and subject to applicable acquisition and security regulations, contracting officers shall give SBA PCRs (or, if a PCR is not assigned, see paragraph (a) of this section) access to all reasonably obtainable contract information that is directly pertinent to their official duties.
(c) The duties assigned by SBA to its PCR are set forth at https://www.govinfo.gov/content/pkg/CFR-2024-title13-vol1/xml/CFR-2024-title13-vol1-sec125-2.xml" target="_blank">13 CFR 125.2(b) and include but are not limited to the following:
(1) Reviewing proposed acquisitions to recommend–
(i) The set-aside or sole-source award to a small business of selected acquisitions;
(ii) New qualified small business sources, including veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, economically disadvantaged women-owned small, and women-owned small eligible under the Women-Owned Small Business Program;
(iii) Breakout of discrete components, items, and requirements for competitive acquisitions; and
(iv) Ways to improve competition.
(2) Reviewing proposed acquisition packages provided in accordance with 19.202-1(e). If the SBA procurement center representative (or, if a procurement center representative is not assigned, see paragraph (a) of this section) believes that the acquisition, as proposed, makes it unlikely that small businesses can compete for the prime contract, the representative shall recommend any alternate contracting method that the representative reasonably believes will increase small business prime contracting opportunities. The recommendation shall be made to the contracting officer within 15 days after receipt of the package.
(3) Recommending concerns for inclusion on a list of concerns to be solicited in a specific acquisition.
(4) Appealing to the chief of the contracting office any contracting officer’s determination not to solicit a concern recommended by the SBA for a particular acquisition, when not doing so results in no small business being solicited.
(5) Conducting periodic reviews of the contracting activity to which assigned to ascertain whether it is complying with the small business policies in this regulation.
(6) Sponsoring and participating in conferences and training designed to increase small business participation in the contracting activities of the office.
(7) Appealing a contracting officer's rejection of PCR's recommendation. Such appeal must be in writing and shall be filed and processed in accordance with the appeal procedures set out in 19.502-8.