Number:

DOO 15-9

SECTION 1.  PURPOSE.

.01       This Order prescribes the functions and responsibilities of the Office of Small and Disadvantaged Business Utilization (OSDBU) in implementing the Department’s Small Business Program.

.02       This revision:  

a.         Implements the changes to 15 United States Code (U.S.C.) 644(k), resulting from the National Defense Authorization Act of 2013, Public Law 112-239.

b.         Changes the organizational placement and reporting structure for the OSDBU from the Chief Financial Officer and Assistant Secretary for Administration (CFO/ASA) to the Deputy Secretary; and

c.         Updates references to regulations, statutes, and Executive Orders.

SECTION 2.  STATUS AND LINE OF AUTHORITY.

The OSDBU, a Departmental office, shall be headed by a Director who shall be responsible to, and report directly to, the Deputy Secretary.    

SECTION 3.  STATUTORY AUTHORITY.

The OSDBU was established under authority of Section 15(k) of the Small Business Act (15 U.S.C. 644(k)).  This section provides that the OSDBU shall be responsible for the implementation and execution of the functions and duties relating to the Department under the Small Business Act (15 U.S.C. 631, et seq.) and related legislation, Executive Orders, and regulations.

SECTION 4.  ORGANIZATION.

.01          Program and Oversight.

a.            Implement and execute the functions and duties under sections 8, 15, and 31 of the Small Business Act for the Department.

b.            Act as an advocate for the Secretary and Deputy Secretary within the Department for matters relating to Sections 8, 15, and 31 of the Small Business Act and represent the Department in dealing with other Federal agencies on those matters, including:

1.            Cooperate and work with the Office of Federal Procurement Policy (OFPP), Small Business Administration (SBA), General Services Administration, Minority Business Development Agency (MBDA), and other federal agencies as appropriate.

2.            Cooperate and work with the small business committees of the House and Senate on a regular basis. 

3.            Represent the Department on inter-agency committees and special groups working on Government-wide issues.  Work products have a Government-wide effect and application.

c.             Participate in formulating Departmental positions on proposed legislation and Government regulations on matters affecting the Small Business Program. 

d.            Formulate, recommend, and monitor policies for implementing the Department’s Small Business Program, including the Small Business Innovation Research Program and other initiatives. 

e.            Review acquisition policies developed by the Office of Acquisition Management (OAM) and the individual bureau procurement offices for compliance with the Small Business Act, SBA regulations, and the Federal Acquisition Regulation (FAR), and recommend corrective actions as appropriate.

f.             Conduct compliance reviews to assess the performance of the Department’s organizational units in meeting small business prime and subcontracting goals and the extent to which small businesses are receiving a fair share of contracts.  Report findings to the Deputy Secretary, on a quarterly basis. 

.02       Acquisitions.

a.         Negotiate small business contracting and related goals with the SBA, and recommend Secretarial approval of such goals.  Coordinate the development of the Department’s small business contracting goals with the Chief Financial Officer/Assistant Secretary for Administration, Deputy Assistant Secretary for Administration, and OAM, with input from other Departmental offices as appropriate.

b.         Act as the Department’s focal point and advocate for small business, including disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns in their dealings with the Department.

1.         Exercise supervisory authority over personnel to the extent that the functions and duties of such personnel relate to functions and duties relating to sections 8, 15, and 31 of the Small Business Act. In cooperation with the supervisor of the bureau procurement office,

(a)        Assign Small Business Technical Advisors (SBTAs) to each contracting activity to which SBA has assigned a procurement center representative (PCR).  The SBTA shall be a full-time employee of the contracting activity, well qualified, technically trained, and familiar with the supplies or services contracted for by the activity.  The principal duty of the SBTA is to assist and work cooperatively with the PCR, contracting officers, and acquisition planners to develop acquisition plans and strategies to ensure compliance with the Small Business Act and promote small business participation.

(b)        Supervise Small Business Specialists (SBS) assigned to each bureau procurement office whose principal duty is to assist and work cooperatively with the PCR, contracting officers, and acquisition planners to develop acquisition plans and strategies to ensure compliance with the Small Business Act and promote small business participation.

(c)        Exercise counterpart clearance on the hiring and promotion of all SBSs.

(d)       Monitor performance and ensure cooperation with the PCR.

(e)        Coordinate activities of the SBTAs and SBSs to support OSDBU and Departmental responsibilities.

(f)        Provide technical evaluation of the work of the SBSs to line supervisors.  Technical evaluation accounts for 25 percent of the SBS annual performance plan.

2.         Provide the Chief Acquisition Officer and senior procurement executive advice and comments on acquisition strategies, market research, and justifications.

3.         Advise the agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee.

4.         Receive unsolicited proposals and, when appropriate, forward such proposals to the office responsible for reviewing such proposals.

5.         Ensure small businesses are given first consideration during acquisition planning: 

(a)        Establish Departmental procedures to coordinate the review and approval process with the SBA PCR for requests from contracting officers to not set-aside contract actions for exclusive small business participation valued over the Simplified Acquisition Threshold and for proposed subcontracting plans. 

(b)          Participate in acquisition planning and make recommendations to acquisition officials on strategies to make the acquisition more conducive to small business participation.

(c)           Review proposed solicitations that involve significant bundling of contract requirements and work with the bureau procurement office and PCR to revise the procurement strategies to increase the probability of participation by small businesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers if a solicitation for a bundled contract is to be issued.

(d)          Intervene at any level in an organization unit (procuring or program area) to negotiate or recommend appropriate procurement action.

(e)          Appeal to the Assistant Secretary for Administration when internal disputes arise or when the Director determines that the unit is not providing adequate opportunity to small business, including disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

(f)           Assist in resolving SBA appeals when the contracting officer or the head of the contracting activity disagrees with SBA’s recommendations by formulating a position favoring or opposing SBA’s appeals. Exercise the option to advocate or recommend a specific position in the event that an organization unit head, a procurement unit head (within the organization unit), or the Director makes an appeal to the Deputy Assistant Secretary for Administration.

6.            May provide outreach and training to small business concerns and contract specialists, except that training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities.

7.            Assist small business concerns to obtain payments, late payment interest, penalties, or information due to such concerns from the Department or a contractor, in conformity with Chapter 39 of Title 31, United States Code, or any other protection for contractors or subcontractors (including suppliers) that is included in the Federal Acquisition Regulation or any Department supplement to such Government-wide regulation.

.03      Grants and Cooperative Agreements. 

The OSBDU shall perform the following functions, in cooperation with the OAM, MBDA, and other Departmental organizations:

a.            Act as the Departmental focal point on matters concerning use of minority businesses in
Departmental grants and cooperative agreements.

b.            Establish uniform Departmental policy and goals, in cooperation with organization units,
for using small and/or minority businesses as recipients of grants and cooperative agreements.

c.             Designate, in conjunction with appropriate organization units, a Minority Business
Coordinator who will be responsible on a daily basis for promotion and inclusion of minority
businesses in the administration of grants and cooperative agreements.

d.            Encourage awards to minority businesses by providing assistance and information to
organization units.

e.            Review and evaluate the performance of organization units in accomplishing minority
business goals in the area of grants and cooperative agreements, and report to the Deputy
Secretary.

f.             Coordinate and contribute to Departmental positions on proposed legislation and government regulations in this area.

SECTION 5.  EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 15-9, dated January 14, 1999.

Signed by: Deputy Secretary of Commerce