[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.403]



[Page 364-365]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 19_SMALL BUSINESS PROGRAMS--Table of Contents

 

     Subpart 19.4_Cooperation With the Small Business Administration

 

Sec. 19.403  Small Business Administration breakout procurement center representatives.



    (a) The SBA is required by section 403 of Pub. L. 98-577 to assign a 

breakout procurement center representative to each major procurement 

center. A major procurement center means a procurement center that, in 

the opinion of the administrator, purchases substantial dollar amounts 

of other than commercial items, and which has the potential to incur 

significant savings as a result of the placement of a breakout 

procurement representative. The SBA breakout procurement center 

representative is an advocate for (1) the appropriate use of full and 

open competition, and (2) the breakout of items, when appropriate and 

while maintaining the integrity of the system in which such items are 

used. The SBA breakout procurement center representative is in addition 

to the SBA procurement center representative (see 19.402). When an SBA 

breakout procurement center representative is assigned, the SBA is 

required to assign at least two collocated small business technical 

advisors. Assigned SBA breakout procurement center representatives and 

technical advisors 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 breakout 

procurement center representatives and technical advisors security 

clearances required by the contracting agency.

    (b) Contracting officers shall comply with 19.402(b) in their 

relationships with SBA breakout procurement center representatives and 

SBA small business technical advisors.

    (c) The SBA breakout procurement center representative is authorized 

to--

    (1) Attend any provisioning conference or similar evaluation session 

during which determinations are made as to whether requirements are to 

be acquired using other than full and open competition and make 

recommendations with respect to such requirements to the members of such 

conference or session;

    (2) Review, at any time, restrictions on competition previously 

imposed on items through acquisition method coding or similar procedures 

and recommend to personnel of the appropriate activity the prompt 

reevaluation of such limitations;

    (3) Review restrictions on competition arising out of restrictions 

on the rights of the United States in technical data and, when 

appropriate, recommend that personnel of the appropriate activity 

initiate a review of the validity of such an asserted restriction;

    (4) Obtain from any governmental source, and make available to 

personnel of the appropriate center, technical data necessary for the 

preparation of a competitive solicitation package for any item of supply 

or service previously acquired noncompetitively due to the 

unavailability of such technical data;

    (5) Have access to procurement records and other data of the 

procurement center commensurate with the level of such representative's 

approved security clearance classification;

    (6) Receive unsolicited engineering proposals and, when 

appropriate--

    (i) Conduct a value analysis of such proposal to determine whether 

it, if adopted, will result in lower costs to the United States without 

substantially impeding legitimate acquisition objectives and forward to 

personnel of the appropriate center recommendations with respect to such 

proposal; or

    (ii) Forward such proposals without analysis to personnel of the 

center responsible for reviewing them who shall furnish the breakout 

procurement center representative with information regarding the 

proposal's disposition;

    (7) Review the systems that account for the acquisition and 

management of technical data within the procurement center to ensure 

that such systems provide the maximum availability and access to data 

needed for the preparation of offers to sell to the United States those 

supplies to which such data pertain which potential offerors are 

entitled to receive;



[[Page 365]]



    (8) Appeal the failure by the procurement center to act favorably on 

any recommendation made pursuant to subparagraphs (c) (1) through (7) of 

this section. Such appeal must be in writing and shall be filed and 

processed in accordance with the appeal procedures set out in 19.505;

    (9) Conduct familiarization sessions for contracting officers and 

other appropriate personnel of the procurement center to which assigned. 

Such sessions shall acquaint the participants with the duties and 

objectives of the representative and shall instruct them in the methods 

designed to further the breakout of items for procurement through full 

and open competition; and

    (10) Prepare and personally deliver an annual briefing and report to 

the head of the procurement center to which assigned. Such briefing and 

report shall detail the past and planned activities of the 

representative and shall contain recommendations for improvement in the 

operation of the center as may be appropriate. The head of such center 

shall personally receive the briefing and report and shall, within 60 

calendar days after receipt, respond, in writing, to each recommendation 

made by the representative.

    (d) The duties of the SBA small business technical advisors are to 

assist the SBA breakout procurement center representative in carrying 

out the activities described in (c) (1) through (7) of this section and 

to assist the SBA procurement center representatives (see FAR 19.402).



[51 FR 19715, May 30, 1986, as amended at 54 FR 25062, June 12, 1989]