I've attempted to get several different environmental remediation projects (sic code 8744) set aside to my company, an 8(a) ANC, by agencies of the federal government using "search letters" issued by the SBA. FAR 19.505(a), Rejecting Small Business Administration recommendations, states that the a contracting officer's rejection of the SBA recommendation must be provided as a written notice within 5 working days of the CO's receipt of the recommendation. 19.505 (b) provides for an SBA appeal of the rejection within 2 days after receiving the notice of rejection.

On more than one occasion there has been no written response and hence no opportunity for appeal. My SBA contacts inform me that it is not unusual for agencies not to respond. The SBA contacts also say they can't do anything further to assist me under such circumstances. Hence my question: Who/what govenment entity requires other govenment entities, e.g. USACE, to conform with the FARS, particularly those cited above. Are Qui Tam suits an viable alternative for getting the government to obey government regulations. What can be done?????

By bob antonio on Monday, February 12, 2001 - 08:05 am:

Shaun:

Have you contacted the agency's SADBU? That is a good starting area.  That office should be on your side since federal law requires them to help you. I would tell them my story and see what their response is. You can find the SADBUs below.

http://www.wifcon.com/osdbu.htm

See if you can get an introduction into the program office or environmental remediation organization and not the contracting organization. Your best bet is for the program office to identify you as a potential contractor to the contracting office. If that does not work, find out who is getting the contracts. As an 8(a), the prime contractors also are looking for 8(a)s
under the Small Business Act's 8(d)subcontracting program. At the very least, get the name of a small business specialist at the contracting office.  That individual will be on your side also.

If you have been contacting a Small Business Administration Procurement Center Rrepresentative (PCR) in Alaska, that individual may be too isolated and have a large geographic area to monitor. If you want to test the PCR's competence, ask the PCR who to contact in the environmental remediation program office. If the PCR does not know what to do when you ask, then I would not bother with the PCR again.

You have additional avenues if none of the above work. There are Congressional Committees and individual members of Congress that would be of value.

By C Mercy on Monday, February 12, 2001 - 11:27 am:

Is it an SBA PCR/breakout specialist or is it the SBA business opportunity specialist sending the search letters? It makes a big difference.

By SSexton on Monday, February 12, 2001 - 05:08 pm:

In the most recent instance, it was the Busineess Opportunity Specialist. What is the big difference and why is there a difference. Please explain.

Thanks.

By joel hoffman on Monday, February 12, 2001 - 06:00 pm:

If you want to contact the USACE SADBU, here are names in the Small Business Office at HDQTRS, USACE. I didn't find a designated "SADBU" in any of the Directories, but one of them ought to be able to help you find the SADBU, who can contact a local District SADBU.

Director (CESB) Mr. Bernard E. Ford 202-761-8789
Rm 3A60
Deputy Director (CESB) Mr. David L. Buettner 202-761-8790
Good Luck and Happy Sails! Joel Hoffman
Rm 3A64

By Anonymous on Tuesday, February 13, 2001 - 08:41 am:

I think you are mixing two different issues. FAR 19.5 pertains to small business set-asides, which are conducted competitively and competition is restricted to small businesses. The cite of 15.505(a) addresses the situtaion where SBA wants the agency to set a procurement aside, and the contracting officer disagrees

I'm interpreting your situation - "search" letter to mean that a business opportunity specialist at SBA sent a letter pursutant to FAR 19.803(b). You will note that just because SBA identified a specific firm, the agency has several options, particularly if several other 8(a) firms expressed interests and are qualified. The dollar amount also influences whether the action is competitive or not.

Before you consider further action, you need to review the FAR carefully and meet again with SBA. Listen to their logic and reasoning and check it all out per the FAR and the SBA regulations.

By C Mercy on Tuesday, February 13, 2001 - 12:18 pm:

Generally search letters are considered marketing tools and not recommendations,as cited in 19.505. The difference lies in the fact that PCRs and Breakout specialists have examined,in detail, a specific requirement and make specific recommendations as to what set aside should be considered. It is this recommendation that the contract agency must respond to. Search letters do not fall into the category of recommendations. Also it has been my experience that search letters are often produced at the wrong time and by that I mean not when an agency forecast is the genesis of the search but when the action has been synopsized. Its almost too late at that time especially if the action has been already synopsizes as a set aside. Also it is critical that the search letter be very specific in the action its identifying. All the other info above is right on the money however and if you have other questions leave them here.