United States    Office of
Environmental Protection Small and Disadyantaged
Agency      Business Utilization
August 1992
Preferential
Procurement Program
Handbook
For Project Officers,
Contract Officers, and
Small Business
Specialists

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 U.S. ENVIRONMENTAL PROTECTION AGENCY
       PREFERENTIAL

  PROCUREMENT PROGRAM

        HANDBOOK
            FOR
     PROJECT OFFICERS
 CONTRACT OFFICERS AND
SMALL BUSINESS SPECIALISTS
       OFFICE OF SMALL AND
      DISADVANTAGE!) BUSINESS
          UTILIZATION


        AUGUST 1992

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                             FOREWORD


     This Handbook is designed to assist contract officers, project
officers, and small business specialists in promoting the increased
utilization  of  small,  small disadvantaged, minority,  and women-
owned  firms  through the  Agency's acquisition  activities.   The
Handbook  outlines  the  procedures  needed  to  be  followed  in
contracting and subcontracting with these business entities.

     Building strong,  viable,  and competitive entities  can be a
challenging  and rewarding  experience.   Small businesses are the
largest generators of  job  opportunities and keeping  them healthy
and viable helps to create economic independence and ensures that
our Nation will remain strong and free.

     Your continuing commitment.to and  support for the advancement
of socioeconomic concerns  are vital to  the success of the Agency's
Preferential Procurement Program effort.

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                        TABLE OF CONTENTS

                 PREFERENTIAL  PROCUREMENT PROGRAM

                                                       PAGE NO.
FOREWORD

PART I - PREFERENTIAL PROCUREMENT PROGRAM

     Purpose and Authority	1
     Policy	1
     Background	2-3
     Objectives	3-4
     Annual Goals, Forecast and Accomplishments	4-5
     Appointment of SDBS	5-6
     Qualifications of Agency SDBS	6-8
     Responsibilities of the OSDBU Director	8-11

PART II - SECTION 8(A) PROGRAM

     Purpose and Authority	12
     Background	12-13
     Policy	12-13
     Eligibility	13-14
     Competition	15
     Support to 8 (a)  Contractors	15-16
     Implementing Procedures	16-25

PART III - SMALL BUSINESS SET-ASIDE PROGRAM

     Purpose and Authority	25
     Background	25-26
     Definitions	26
     Small Business Size Status	26-27
     Criteria for Set Asides	27
     Types of Small Business Set-Asides	27-29
     Establishing Set-Asides	29-32

PART IV - LABOR SURPLUS AREA PROGRAM

     Purpose and Authority	32
     Policy	33
     Background	33-34
     Definition	34
     Implementing Procedures	;	34-35

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                        TABLE OF CONTENTS
                           (continued)

                 PREFERENTIAL PROCUREMENT  PROGRAM
                                                       PAGE NO.

PART V - SUBCONTRACTING PROGRAM

     Purpose and Authority	35
     Background	35-36
     Definitions	36
     Types of Subcontracting Plans	36-37
     Applying Subcontracting Provisions	37
     Implementing Procedures	38-39
     Subcontracting Plan Reports	39-40
     Final Performance Assessment	40-41

APPENDIXES

#1   EPA Form 1900-37	42
#2   SBA Offering Letter	43
#3   SF 295 Summary Subcontract Report	44
                                ii

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PART I - PREFERENTIAL PROCUREMENT PROGRAM


1.   Purpose.   This  handbook establishes  uniform  policies and
procedures,  and  assigns  responsibilities  for  implementing the
Environmental Protection  Agency's (EPA) Small and Disadvantaged
Business Utilization (SDBU) Program.  The SDBU Program is divided
into  eight major components:    (1)   socially  and  economically
disadvantaged business  (8(a),  (2)  small business set-asides, (3)
minority business  (non  8(a)),  (4)  labor surplus area set-asides,
(5) women-owned business  concerns,  (6)  subcontracting,  (7) rural
area  small business,  and  (8)  Historically  Black  Colleges and
Universities  (HBCUs).     This   handbook  provides  an  in-depth
discussion on the  FAR and EPA policies and procedures  which must be
followed   when    contracting   and   subcontracting  with   small
disadvantaged businesses, including women-owned entities.

2.   Authority.     The  EPA's  Office  of  Small  and Disadvantaged
Business   Utilization   (OSDBU)    implements   the   Preferential
Procurement Programs in accordance with the following:
                              \
     a.   The Small Business and  the Small Business Investment Act
of 1958 (Public Law  (P.L. 85-536), as amended by P.L.s 95-89, 95-
507, 96-302, 99-591, 100-533 and 100-656.

     b.   Executive  Orders 11625  and  12432,  Minority  Business
Enterprise.

     c.   Executive Orders  12138  and  12426,  Women-Owned Business
(WOB) Enterprise.

     d.   Federal  Acquisition Regulations  (FAR)  48 CFR,  Parts 19
and 20, Small Business and Labor Surplus Area respectively.

     e.  Environmental Protection Agency's Acquisition Regulations
(EPAAR), EPA Part  1519.2,  Small  and Small  Disadvantaged Business
and Labor Surplus Area  (LSA), respectively.

     f.   Public  Law 101-507, EPA's  Appropriations Act  of 1990
which requires at  least 8% of Federal funds for contracting to be
made available to SDBs.

     g.   Public Law 101-549,  Clean Air Act of  1990 which requires
a 10% SDBE goaling provision for air research contracts.

3.   Policy.  It is the Environmental Protection Agency's policy to
ensure that small business,  small disadvantaged  business, 8(a)
business,  women-owned business, labor surplus business concerns,

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HBCU(s) and Rural Area  small  businesses are provided the maximum
practical opportunity to compete for and receive a fair proportion
of the Agency's total acquisition dollars.

4.   Background.  For many years the Government has been committed
to  improving the  opportunities  of small  businesses and  small
businesses  owned and  controlled  by  socially  and  economically
disadvantaged persons.  The concept of assisting small business and
small  disadvantaged  business  concerns   originated   with  the
recognition that certain communities of the  producing sector merit
special  consideration  in  Government procurement  as a  means  of
assuring  them an equal opportunity to  receive  Government prime
contracts and subcontracts resulting therefrom.   This concept was
manifested in  1958  by the enactment of  Public Law 85-536 (Small
Business  Act)  which  established statutory mandates  for Federal
assistance  to   small  businesses.     Such  assistance  included
management consulting,  financial loans,  procurement set-asides.
certificates  of  competency,  and advocacy programs.   The Act was
amended in 1977  by  P.L. 95-89 to provide statutory authority for
the  Labor Surplus Area (LSA)  Program, and to authorize Federal
agencies to set aside contracts to contractors which agree to carry
out  a substantial portion of their contract work in Labor Surplus
Areas.   In  1977,  Executive Order  12138 was issued  to  initiate
action for channeling Government services to  women-owned businesses
(WOB).

The  Federal commitment to support small business was reinforced by
Public Law 95-507, which amended the Small Business Act.  This law
established the requirement for small business/small purchase set-
asides,   and  for   subcontracting   plans  submitted  by   prime
contractors.  It also provided a statutory  basis for the Section
8(a) business development  program.   P.L. 95-507  further required
each Federal  agency  to   establish  an  Office  of  Small  and
Disadvantaged Business  Utilization  (OSDBU)  in which  the Director
shall be responsible only to and report directly to the head of the
Agency or the deputy.   (The EPA established  its OSDBU in July 1979
under the Office of the Administrator).

The  Section 8(a) Program, technically called the Minority Capital
Ownership  Development  Program,  was  further  enhanced  by  the
enactment of P.L. 100-656,  another Amendment to the Small Business
Act.  The primary focus of this Amendment was to address overall
programmatic  deficiencies  and  reaffirm  business   development
objectives directed  towards establishing the  basic framework for
sound business development.   The significant  features of the Law
include:

     a.   Affirming  that  the  Section  8 (a)  authority  is  used
exclusively for business development purposes to help small

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businesses owned by the socially and economically disadvantaged to
compete  on an  equal  basis in  the mainstream  of  the American
economy.

     b.   Affirming that the measure of success in the Section 8(a)
program is the  number  of  competitive firms that exit the program
without being unreasonably  reliant on Section 8(a)
contracts, and  that are able  to compete on an equal basis in the
mainstream of the American  economy.

     c.   Insuring that the program benefits accrue to individuals
who are both socially and economically disadvantaged.
These Laws and Executive Orders designate specific Federal agencies
as lead agencies in  strengthening and promoting the Government-wide
Preferential Procurement Programs as follows:

           (1)   Small Business Administration  (S6A) is responsible
for  the  small  business   set-aside,  and  small,   socially  and
economically disadvantaged business (8 (a)), WOB, and subcontracting
programs.

           (2)   The  U.S. Department of  Commerce   (DOC) through its
Minority Business Development.Agency  (MBDA) , is responsible for the
minority business (non 8(a)) program which  includes both large and
small minority  concerns.

           (3)   General Services Administration (GSA)  is responsible
for the LSA program.

Each Federal  department and agency is  required  to cooperate with
and  support  SBA,  DOC  and  GSA in the  promotion of and greater
development of small and small  disadvantaged businesses, including
women-owned entities.

5.   Objectives.   The  objectives of the  Small  and  Disadvantaged
Business Utilization (SDBU) Program are to:

     a.   Promote   opportunities   for   small   business,   small
disadvantaged business concerns,  and small women-owned entities, to
participate in  the  EPA acquisition programs.  This includes: ,

           (1)   Awarding contracts to small  and small  disadvantaged
business  concerns through  8(a)  procedures,   small  business set-
asides, or normal competitive procedures to the maximum practicable
extent.

           (2)   To aid  in  assuring the  achievement of the overall
socioeconomic goals for all EPA major programs.

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          (3)  Encouraging the use of small disadvantaged business
and small women-owned concerns as suppliers and subcontractors by
large prime contractors.

     b.   Disseminate information about those laws administered by
the Agency which affect contractor and subcontractor activities.

     c.   Provide assistance to  small  disadvantaged business and
small women-owned concerns either directly or through the Agency's
major headquarters and field buying activities.

     d.   Encouraging project officers  to share  in the responsi-
bility for meeting  socioeconomic program goals and participating
actively towards achievement.

6.   Annual Goals.  The Small  Business  Act  (15 U.S.C.  644(g)) as
amended by Section 502 of P.L. 100-656,  requires that the President
shall annually establish two Government-wide procurement goals for
contract awards:  One for  contract awards to small businesses, and
another for contract awards to small disadvantaged businesses.  The
President delegated this responsibility to the Director, Office of
Management  and Budget.   The  statutory minimum  goal for  small
business participation must be at least 20 percent  of the total
value  of the  Government's  direct  prime contract  awards.   The
statutory minimum for  small disadvantaged  business participation
shall be at least 5 percent of the total value of Government-wide
prime  contract  awards and 5  percent  of  the  total value  of
subcontract awards.

The Act  further requires that the "head of each  Federal agency
shall, after consultation with the Small Business Administration,
establish goals for the participation by small business concerns,
and small business  concerns owned and  controlled by socially and
economically disadvantaged individuals,  in procurement contracts".
Individual agencies'  goals must represent the  estimated maximum
practicable opportunity for socioeconomic firms to participate in
the performance of contracts  let by the Agency.   The  SBA also
negotiates goals for women-owned businesses pursuant to Executive
Order 12138.  The Administrator of General Services is responsible
for negotiating goals for  labor surplus area set-aside awards.  The
EPA, through its OSDBU, carries out the  mandates of these laws and
executive orders.

Section 9 of the Act, as amended by the Small Business Innovation
Development Act,  P.L.  97-219,  requires each Federal  agency with
research and development  (R&D) budgets  which  exceeds $20 million
for any fiscal year to establish goals for R&D awards to small
businesses.  The annual goal must be at least the percentage of the
R&D budget expended by the Agency with small business concerns in
the immediately preceding fiscal year.

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7.   Forecast  of  Contract  Opportunities  for  Small  or  Small
Disadvantages Business.  Section 501 of the Small Business Act, as
amended by  P.L.  100-656,  mandates that each  Federal agency with
aggregate contracting  dollars  exceeding  $50M in 1988,  or  in any
succeeding  fiscal year,  shall  prepare  a  forecast  of  expected
contract opportunities (individual  or class) over  $25,000  to be
awarded to  small  or  small  disadvantaged  businesses  during the
succeeding fiscal year.  The forecast shall include a description
of the purchase,  the product or service code, the estimated value,
the estimated quarter for release of the solicitation,  and the name
and telephone number of a contact person for each entry.  The EPA's
program offices shall  submit EPA's annual forecast information to
the small and minority business community.   The Agency's forecast
shall reflect requirements for  the utilization of small businesses
and 8(a) companies.  The forecast shall be submitted to OSDBU upon
request in accordance  with the due date established by SBA,  which
is expected to be no  later than June 15th, for the following fiscal
year.

8.   Accomplishments.     Congress   has  mandated  the   SBA,   in
conjunction  with  the Office  of  Federal  Procurement  Policy,
responsibility to ensure that the cumulative annual prime contract
goals for all  agencies meet or exceed the  annual  Government-wide
prime contract goal.   Section 503 of P.L.  100-656  requires SBA to
report agencies'  actual achievements of goals to the President for
inclusion in his  State of  Small Business Report.   Thus,  agencies
are required to  submit cumulative  reports  of performance against
goals to the  SBA and the GSA on a quarterly  basis.   The reports
shall comply with  the  SBA  annual guidelines,  and  must contain an
analysis of any  failure to achieve  the current  fiscal year goals
and the actions planned to achieve goals in the succeeding fiscal
year.

9.   Appointment   of   Agency   Small   Disadvantages   Business
Specialist(s)  (Appointment Procedures).  The Director of each EPA
major buying facility  (i.e., Durham,  Cincinnati,  and Washington)
shall appoint, in writing, to the Director,  OSDBU,  a qualified,
senior-level , small and disadvantaged business specialist (SDBS)
to carry out the day-to-day responsibility for operating the SDBU
Program within the appropriate buying facility.  Appointments shall
be made on  a full  or part-time basis,  depending on the volume of
work within the Agency. However, appointments which are on a part-
time basis,  shall clearly indicate that the part-time nature of the
appointee's duty shall not,  in any  way,  relieve individuals from
full responsibility for effectively accomplishing the objectives of
the SDBU Program.

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Each Director  of the  Agency's major  buying facility,  with the
concurrence of  the  Director, OSDBU,  and in accordance  with the
above guidelines, shall appoint an SDBS to perform the SDBS duties
consistent with the  level of small business program activity in the
respective facility. SDBS appointment document shall clearly state
that the  assignment is effective only as long  as  the individual
holds his/her current  position.   New  appointments shall be made
immediately whenever a vacancy occurs.

10.  Qualifications ef  Agency Small Business Specialists.  All SDBS
appointments must be at a grade  level which enables  him/her to
carry out the SDBU Program  in an independent manner.  Appointments
at the National level shall be  at  the  GS  or GM 12 level or higher,
and appointments at the Regional level shall  be  at the GS 11 level
or higher.  Individuals performing SDBS duties shall be  in the 1101
or 1102 series.   Such  individuals shall  have training related to
EPA's SDBU Program;  experienced in contracting;  and be well versed
in small business matters.

The  SDBS  functions  shall  be  separate  from  the  procurement
operations function, but he/she must possess  a working knowledge of
acquisition regulations and procedures.

11.  Agency's Small and Disadvantages  Business Specialists are the
on-site  operating  arm  of  the  EPA SDBU  Program.    It  is  their
responsibility to:

     a.   Review all procurement requisitions in excess  of $25K for
small business,  8(a) and labor surplus area set-asides.  The review
shall be documented on Form 1900-37, shown in Appendix #1.

     b.   Review  and document  in writing, all  requisitions over
$5,000 which  are subject  to small purchase  procedures to ensure
that they are reserved  for small business  concerns, or to ascertain
that no small business sources are available from which to obtain
two or more competitive offers or quotations  as required by Section
221 (j) of P.L. 95-507,  and  Section 13.10(a) of Federal Acquisition
Regulations.

     c.   Review  all proposed  contracts over the  subcontracting
plan threshold of $500K (negotiated)  and $1M for construction to
make recommendations for subcontracting possibilities.

     d.   Serve as the  Agency's primary contact  to coordinate with
the  OSDBU,  the  SBA PCR,   and  the  contracting  officer  on  small
business matters, and  to  keep the Agency program  and management
personnel abreast of improvements in the SDBU Program.

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     e.   Develop  and maintain  a  program to  identify  new  and
emerging  small,   LSA,   small  disadvantaged,   and  women-owned
businesses having potential capabilities to fulfill EPA procurement
requirements, and assuring that  such  firms are  included on  the
contracting office solicitation mailing lists.

     f.   Coordinate inquiries from, advise, and  counsel small and
disadvantaged  business  concerns  on   ways  to  increase  their
participation   in   the  Agency's  contract    and   subcontract
opportunities, and serve as the focal  point to ensure that small
business   sources  have   access   to   appropriate   acquisition,
management, technical and other program and project personnel.

     g.   Be  knowledgeable   of   the  Agency's   Annual  Advance
Procurement Plan  and small and disadvantaged business goals.  The
plans  should be reviewed by the SDBS in concert with the SBA PCR,
and assessed for  set-aside possibilities or for possible breakout
of items suitable for acquisition from small business sources.

     h.   Assist project officers  with, and be knowledgeable of the
Agency's Forecast of Contract  Opportunities, to identify potential
set-asides,  and  assist vendors in marketing to the appropriate
program offices.

     i.   Assist  small businesses to obtain timely payments, late
payment interest penalties,  or information due to such concerns in
conformance with  Chapter 39 or 31 , U.S.C.,  by coordinating with
the Agency's Prompt Payment Officers.

     j.   Assist  program management as early as possible in  the
acquisition cycle to identify potential 8(a), small business/LSA or
WOB  sources, including  arranging  for  and attending  marketing
presentations by  such firms.

     k.   Verify  that solicitations which are for potential award
under  Section 8(a) small business  and/or LSA set-asides procedures
clearly set forth the applicable Standard Industrial Classification
(SIC)  Code and small business size standards.

     1.   Furnish  specifications,   plans,  and drawings  with
solicitations, or provide information in the solicitation on where
such can be obtained or examined.

     m.   Encourage prime contractors to establish aggressive and
innovative programs  to subcontract with small  business and small
disadvantaged  business  concerns,  including  small  women-owned
entities.

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     n.   If prime contractors have not made a good faith effort to
achieve their subcontracting plan goals, consult with the Director,
OSDBU, relative to not meeting the goals, and proceed to take steps
to  initiate  liquidated  damages  against  such  contractors,  if
warranted.

12.  Reg .irement  Reviews.   Every acquisition with an  estimated
value of  $25K or greater shall be reviewed  by the  Agency's SDBS
prior to  forwarding  to the contracting activity, to  ensure that
small  and  small disadvantaged business,  including  women-owned
concerns are  given the  maximum  opportunity to participate in the
Agency's procurement activities.  The SDBS shall also determine the
set-aside priority as identified below.  The SDBS shall provide the
names  of  small,  small  disadvantaged,  women-owned,  and/or labor
surplus area  business sources to be  included on  the solicitation
mailing   list.     The  SDBS   shall   document  the   review  and
recommendation  on the  Acquisition Screening and Review  EPA Form
1900-37, Record  of Procurement Request Review.

In order to conduct an effective review, the PCR may need to meet
with contracting and/or technical personnel.   As a  rule,  the PCR
will include a listing  of  small business sources when recommending
set-asides.   Such sources shall be  included  on  the solicitation
mailing list.

     b.   The  contracting officer may reject the  OSDBU  or  PCR
recommendation  for set-aside.  The SBA PCR may either concur with
the contracting officer's  decision or appeal the case in accordance
with the procedures in FAR 19.505.  The appeal may be elevated to
the level of  the SBA Administrator and the Administrator of EPA.
The Administrator's decision is final.  The Director, OSDBU, shall
be kept abreast  of any such appeals and their outcome.

13.  Responsibilities   of  EPA   OSDBU  Director   has   overall
responsibility   for  managing  and  developing,  coordinating  and
monitoring   an  effective  Agency-wide  SDBU  Program.     Such
responsibility   includes  developing  policies,  procedures,  and
operating guidelines; establishing program priorities; establishing
and monitoring EPA goals for the preferential programs; conducting
required analysis for and preparing reports on  the extent of small
and disadvantaged business participation in  acquisition activities.
The Director,  OSDBU,  also has supervisory authority  over Agency
SDBS to the extent that their functions and duties  relate to the
SDBU Program in  accordance with Section 15 of P.L.  95-507.
                                8

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14.  Responsibilities  of  EPA Program  Managers.    Each Program
Assistant or Associate Administrator is  responsible for developing
its Preferential  Procurement Goals on  a  fiscal  year basis.  The
goals are developed in consultation with  the supporting  Chiefs of
Contracting  Offices  and  local  Small and Disadvantaged Business
Specialists  (SDBS) and the OSDBU.  The goaling process is  performed
in  accordance with  FAR Part  19.2 as  supplemented by  EPA Part
1519.2.

15.  Program Management Officers are responsible for coordinating
with the appropriate procurement office  for ensuring the maximum
utilization  of the  socioeconomic  firms.   In carrying  out this
function, program officers shall  (1) ensure  that advance  annual
procurement  plans   reflect  full   participation  of  small  and
disavantaged business  concerns;  (2) coordinate  with the SDBS to
identify work  which  can be performed by socioeconomic firms; (3)
ensure that requirements are structured  and tailored to permit SDB
firms to participate;  (4)  keep open the channels of communication
between the  Project Officer, Contract Officer and  OSDBU.

16.  Contracting  Officers  are responsible for ensuring that small
businesses,  8(a), small disadvantages,  and women-owned businesses
are afforded an equitable opportunity to compete  for all  contracts
in  the   area  of  their   expertise.     To  carry  out  his/her
responsibilities, the Contracting  Officer shall:

     a.   Have a  thorough  knowledge of  annual advance procurement
plans and SDBS goals for each client.

     b.   Ensures, by documentation, that all acquisitions expected
to  be  less  than the small purchase  threshold,  and to be awarded
under  small  purchase procedures are  reserved  for small business
concerns whenever two  or more firms are available to fulfill the
requirement,  as mandated by P.L. 99-591.

     c.   Ensure, by documentation that each requirement  in  excess
of the small purchase threshold has been adequately considered for
8(a) or small  business  set-aside.

     d.   Use  8(a) set-asides whenever qualified 8(a)  firms  can be
identified for a  particular acquisition.

     e.   Use  total  or  partial small business set-asides whenever
there  are at least two responsible small  businesses qualified to
respond.

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     f.   Maintain solicitation mailing lists for each procurement
based on known sources, recommendations from OSDBU and responses to
the CBD.   With the assistance  of the Agency's SDBS and the SBA
Procurement  Center Representative  (PCR),  make  every  reasonable
effort to locate additional small business sources and include same
on source lists.

     g.   Solicit  small  business   sources  identified  on  the
solicitation  mailing  list  to  the  maximum extent as to  the
completeness of the lists.

     h.   Publicize  procurement  opportunities   in   the  Commerce
Business Daily (CBD)  and other appropriate  media.   Use sources-
sought  synopsis  and  other  advance  procurement   notifications
whenever possible.

     i.   Ensure  fair qualification and evaluation  criteria are
provided in all competitive negotiated acquisitions.

     j.   Ensure  that   delivery   schedules  are  realistic  and
consistent  with  the  Government's  need to  encourage   small  and
disadvantaged  business participation.

     k.   Consider  the  use  of  partial  set-asides  for  those
requirements which are not feasible for full set-asides.

     1.   Ensure that financial assistance available under existing
regulations is offered (e.g., negotiations  of payment due dates,
progress payments, advance payment,  etc.),  and  that requests for
such assistance by small business offerers are not construed as a
handicap in contract awards.

     m.   Participate in preaward surveys conducted by the Agency
to  make preliminary  determinations  of  responsibility  of  small
business concerns, and ensure that prospective contractors found to
be  non-responsible,  are  aware  of  their  option to  apply  for  a
certificate of competency.

     n.   Ensure  that the  Agency  is  accurately  reporting  its
preferential program awards into the Agency's Contract Information
System  by  proper  and timely submission  of  Individual  Contract
Action Reports and the Summary Contract Action Reports.

NOTE:  It is the contracting officer's responsibility to consider
every  opportunity for award under  Section 8(a)  procedures,  or
through  small  business and/or  LSA  set-aside procedures, to  the
maximum extent practical.
                                10

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17.  Role of  the PCR.   Procurement Center Representative  (PCR).
Within the EPA, it is the responsibility of the assigned PCR by the
SBA, to review all potential open market procurements expected to
exceed $25,000 which has not been set-aside for award under  Section
8 (a) or  small business procedures, and to  make recommendations
regarding such set-asides.  It is important to note  that while the
PCR may review agencies' requirements,  and assist  in determining
potential  set-aside  items during  the early stage,   it   remains
his/her  responsibility  to make a set-aside  decision on each
Individual  potential  procurement  designated  for  full and open
competitive award prior to issuance of the  solicitation. PCRs are
authorized  by the  Small Business Act  to  suspend   action  for
procurement on which agreements cannot be reached, pending  the SBA
Administrator's  appeal to  the Head  of the Agency.   The  sources to
be   solicited  are   in  connection  with   current  and   future
procurements.

18.  commerce  Business Daily (CBD) Notices.  Publication in  the CBD
is an important  means by which small businesses  learn of,  and are
able to  compete  for,  Federal  procurement in excess  of $25,000.
Therefore,  EPA  procurement  offices  shall publish all proposed
procurement actions of  $25,000 and above  in the CBD immediately
upon determining the necessity of the procurement or at least 30
days prior to issuance of solicitations.    Such notices  do not
obviate the requirement  for OSDBU/PCR reviews prior  to  issuance of
RFP or IFB in  accordance with FAR 5-207.  In  addition, procurement
offices shall  allow a bidding period of not  less than 30 calendar
days after issuance of solicitation  to give small business concerns
the benefit of the  longest possible bidding  time.

19.  Vendor Sources Identification.  To ensure  that availability
of, or access  to, all possible sources of  small  and disadvantaged
business  concerns,  procurement  offices are encouraged to make
maximum use of the  following sources:

     a.   The  SBA Procurement Automated Source System (PASS),  a
comprehensive  data base for small  business, small disadvantaged
business  (both 8(a) and non-8(a)), WOB, and LSA concerns, including
veteran-owned  concerns, is considered to be  the principal source
system for locating and identifying small  and small disadvantaged
business  concerns.   The SBA's terminal is  located in OSDBU.

     b.   The  appropriate SBA  national or   regional  listing of
"Firms in the  8(a) Business Development Program" should be  used as
an  aid  in locating  eligible 8(a)  firms.   These publications are
good sources  for locating  8(a) vendors.
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PART II - SECTION 8 (A) PROGRAM


1.   Purpose.  To provide the Environmental Protection Agency  (EPA)
procedures  and  guidelines  for  implementing  its   Socially and
Economically   Disadvantaged   Business   Development  Program,  as
required by the Small  Business Act, and for awarding contracts with
the  Small  Business  Administration   (SBA)  under   Section  8(a)
procedures.

2.   Authority.  Sections 7(j)  and 8(a)  of the Small  Business Act,
as  amended,  authorizes  the 8(a)  Program.   The  Competition  in
Contracting  Act (CICA)  specifically  excludes  contracts awarded
through the  8 (a)  program from the requirement  for  full and open
competition.     These  laws   are  implemented  through  the  SBA
regulations,  13 CFR  Part 124,  and  FAR  Subpart 19.8.   Further
guidance  on the operation of the  program is  found in  the SBA
Standard Operating Procedures  (SOP) Manual 80  05 2.

3.   Background.    The  Section  8(a)   Contracting   and  Business
Development Program started in 1968 and is named for a section of
the  Small  Business Act  from which  it  derives its  authority.
Through the 8(a) Program, small companies determined by SBA  to be
owned  and controlled  by  socially  and  economically disadvantaged
persons   can   obtain   Federal   Government  contracts  and   other
assistance in developing business pursuant to  Section 8(a), if SBA
certified to participate in the Program. The authorization applies
to all types of contractual actions, including but not limited to
supplies,  services,  construction,  and  research  and development.
SBA also provides technical and managerial assistance to eligible
8(a) firms  in  developing  skills  necessary to achieve competitive
status.  The rationale behind the Section  8(a) Program is to  offer
an effective means to  stimulate growth of  disadvantaged businesses
so  that  these  firms  may become  self-sustaining,  competitive
entities  in the commercial marketplace within a reasonable period
of time.

The Business Opportunity Development Reform Act of 1988, P.L. 100-
656, has  refocused the Section  8 (a)  Program  in  regard to its
business  development  objectives.   The  process for determining
eligibility has been decentralized  and  simplified; the program
participation term has been expanded to nine years and divided
into a  developmental stage and a transitional stage.  More emphasis
has  been  placed  on  business  planning,  and  the utilization  of
competition among 8(a) companies for larger procurements; thereby
eliminating   the   dependency   on   sole-source  contracts  by
participating firms.

4.   Policy.   It  is EPA policy to enter  into contracts with the
SBA, which will fulfill the requirements of the contract by
subcontracting with a Section 8(a) firm.

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The  basis  for entering  into  an  8 (a)  contract  will  be SBA's
certification to the EPA that it is competent to perform a specific
requirement.    The  certification  will  indicate /that SBA  has
determined the intended 8(a) contractor to be responsible in terms
of   capability,   competency,   capacity,    credit,    integrity,
perserverance,  and  tenacity to  perform  on  the  specific  8(a)
contract.   SBA will  also  certify  that the intended contractor is
eligible under the Walsh-Healey  Act,  (41 U.S.C.  35(a)  for each
individual 8(a) contract).

5.   Agency  Advantages of  the  Section 8 fa)   Program.   There are
definite  benefits associated with the Section  8 (a)   negotiated
contracting approach.  These  benefits  include:

     a.   Limited Competitive Procurement Procedures in  that 8(a)
contracts up to $3 million,  including options, may be awarded on a
leave  non-competitive basis,  or the  contracts  may  be  among  a
maximum  of  five  qualified  8(a)  firms.   8(a)  requirements with
service or  construction SIC .codes having a value in excess of $3
million, including options,  will be awarded under  8(a) competitive
procedures.  It is in appropriate  to split requirements  among 8(a)
multiple contracts to stay below the $3 million threshold to avoid
8(a) competitive procedures.  For requirements with manufacturing
SIC codes, the  threshold is $5 million.

     b.   Preliminary Oral Briefing with prospective 8 (a) firms and
the opportunity to either accept or reject their proposals on the
basis of their  oral presentations.

     c.   Expeditious  Contract Approach  from twelve  to sixteen
weeks vs. seven to nine months if  other contracting procedures are
used.

6.  > Eligibility.  A firm seeking EPA  contracts under the Section
8(a) Program must have satisfied eligibility  criteria established
by SBA as set forth in 13 CFR 121  and  124.102  through 123.110.  To
meet this criteria,  a firm must be unconditionally 51 percent owned
and controlled, on a day-to-day basis, by sociallyfand economically
disadvantaged  persons  who are U.S.  citizens.  The term  "socially
and  economically disadvantaged"  as defined  by  SBA means those
persons who, because or reasons beyond their  control, have been
deprived of the opportunity to develop and maintain a position in
the competitive economy.  Such groups include, but are not  limited
to Black Americans,  Hispanic Americans, Asian Pacific  Americans,
Subcontinent Asian Americans, Native Americans, and Indian Tribes.
Individuals who are  not members of one  of the designated groups
must present to SBA clear and  convincing evidence to establish that
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they are socially and economically disadvantaged.  In addition, a
firm must certify its small  business  status based on its primary
industry classification for  each  contract  they are awarded under
Section 8 (a)  procedures.  The firm must also have the potential for
success as determined by SBA, based on its technical and managerial
experience,  competency,   financial  capacity,   and   record  of
performance on previous Federal and private sector contracts  in its
primary industry.

     a.   An 8(a) concern is permitted to perform only those 8(a)
contracts that are  classified according to the SIC  code numbers
which appear in  its  business plan.  However,  the firm is free to
pursue any nonsection 8(a)  contract, small business set-aside (if
it  so qualifies  in  terms  of  size standards)  or full  and open
competition,  which  it  is  capable  and  competent  to  perform
regardless of  its SIC code number.

     b.   Every  8 (a) firm  is permitted to  participate in  the
Section 8(a) Program for a period of nine (9) years.   This period
is divided into a developmental stage and a transitional stage.

The developmental stage,  which consists of four  years, is designed
to  assist   program  participants  to  overcome  their  economic
disadvantage  by  enabling  them to access  relevant  markets  and
strengthen their financial  and managerial  skills.   During this
period, the firms may receive contract support through:

           (1)  Section 8(a) awards through sole source as well as
competition.

           (2)  A maximum of two exemptions from the requirements of
the Walsh-Healey Act.

           (3)  A maximum of  five exemptions from the requirements
of the Miller Act for construction performance and payment bonds on
the sole source contracts.

The  transitional stage  is  the last  five  (5)  years  of program
participation  and is designed to  assist participants to overcome
the remaining  elements of  economic disadvantage and  prepare them
for  leaving  the  8(a)  Program.   During this period,  firms  are
permitted to continue to receive sole source and competitive 8(a)
contract support, however,  concerns must achieve certain non 8(a)
business activity targets.    For example, by the fifth year of the
transitional stage,  firms must receive between  55% and 75% of its
revenue from non  8(a) sources.  Failure to achieve these targets
will  result  in  remedial action,  including  the denial  of 8(a)
contract support.   The  purpose of this  requirement  is to ensure
that  8 (a)  participants are  not  completely  reliant  on  the 8 (a)
Program for their revenue and survival.


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7.   Technical Competition,  with the advent of price competition
in the 8(a) Program, SBA will no longer approve separate technical
competitions  for  the purpose of  identifying  a  single contractor
with  which to  negotiate price.   Under  no circumstances  nay a
limited  technical  competition  be  conducted  for  sole  source
procurements.  Contracting and program offices shall not use this
technique.  However, informal technical presentations may be used
for  procurements  under  the threshold  for  competition.    Such
presentations are  permitted  when several 8(a)  firms with similar
capabilities  market a procurement;  if  the  program/contracting
officer or SDBS  is aware that multiple capabilities exist in the
8(a)  market;  or when  needs  are  not  clearly  defined, and  it is
important to obtain the best possible technical expertise.  In such
situations, the Agency  may hold informal technical presentations to
determine  the best  contractor for the particular procurement.

Price  Competition  among  8 (a)  participants is  required  for  all
potential  8 (a)  contract  awards  which  are expected to  exceed $3
million.   The criteria for 8(a)  competitions  are  the same as for
set-aside programs—that is,  a reasonable expectation of receiving
offers  from at least  two eligible 8(a)   concerns,  and  making an
award at  a fair market price,  if the acquisition will exceed the
8 (a)  competition threshold.    For indefinite  quantity-indefinite
delivery-type  contracts,  the  determination  of   whether  the
competition threshold  is  exceeded will be based on the guaranteed
minimum value of the procurement.  The guaranteed minimum should be
a reasonable amount which is consistent with prior procurements for
similar goods or services.

8.   Support  to 8(a) Contractors.  EPA support to 8(a) contractors
encompasses identifying and  reserving contract opportunities for
offering  to the SBA for award through Section 8(a) procedures.

     a.    Types of Procurements for the 8(ay Program.  There  are no
limitations on the types or size of procurements suitable for award
under  Section 8 (a) procedures.   8 (a)  contractors  are capable of
performing virtually  every  type  of  manufacturing,  service,  or
construction  contract.   Therefore,  every requirement  should be
viewed  as a potential  for 8 (a)  award unless one or  more of the
following  circumstances exist:

           (1)  The   proposed   procurement   has  been   publicly
synopsized as a small  business set-aside.

           (2)  The  requirement was most  recently performed by a
small  business and SBA  has  determined  that  to  remove  it from
competition will cause a major hardship on the  small  business firm.

           (3)  The  potential contract could reasonably be expected
to be won by  a  small disadvantaged business concern under  normal
competitive procedures.

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           (4)  The  procurement   should  not  require  excessive
subcontracting by the prospective 8(a) contractor.

     b.   National and Local Buys

           (1)  A "National Buv Requirement" is a supply or service
purchased  to  meet  the needs of one or more  users in two or more
locations   where  supply   control,  inventory   management,   or
acquisition   responsibility  has  been   assigned   to  a  central
contracting activity to support the  needs of two or more locations.
Examples include:  regional or national contracts for data entry,
equipment maintenance or repair, management of ADP  facilities which
serve  multiple  sites, studies, evaluations,  or  similar services
purchased by the national office for use in more than  one location.

           (2)  A "Local buy Requirement"  is  a supply, service or
product purchased  by a contracting agency to meet  the specific
needs of one user in one location.   Examples  include, the purchase
or services such as custodial, trash removal, auditing, training,
data entry for one site, and construction work to be performed in
one location.

9.   Implementing Procedures.  Procuring activities shall proceed
with  the   award  of contracts  under  Section 8 (a) procedures  as
follows:

     a.    Identifying Procurements.  Proposed procurements suitable
for the Section 8(a) Program can be identified in a number of ways:

           (1)  The program officer  can  identify  requirements for
8 (a)  award during the  planning  of  advance  procurement  plans  or
contract forecast.

           (2)  The SDBS or contracting officer can  recommend  an
8(a) award during the regular procurement process.

           (3)  The OSDBU, pursuant  to P.L.  101-655,  Section 603,
can recommend a particular contract  requirement  for award under
Section 8(a)  procedures.   If  the  contracting officer rejects the
OSDBU  recommendation,  such  rejection  shall  be  documented  and
included within the appropriate contract file.

           (4)  An  8 (a)  contractor or contractors can market and
identify the procurement during marketing efforts.

     b.   Procurement Request  for 8fa)  Award.  When the program
office identifies  a requirement which is appropriate for an 8 (a)
firm,   it   shall submit to  the  procuring  activity a  complete
procurement package which shall include the necessary  paperwork for
transmittal to the SBA.
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     c.   Offering  Procurement  to  the SBA.    When  a suitable
procurement  has  been  identified  for  processing  through  8 (a)
procedures,  the   contracting  officer  shall   furnish  to  the
appropriate SBA a letter offering the procurement  for  8(a) award.
A sample  offering  letter is shown  at  Appendix  #2.  The offering
letter must identify  the SIC code which applies to  the principal
nature  of  the proposed procurement  and  the   appropriate  size
standard, and
must include a copy of the statement of work, estimated period of
performance, anticipated dollar value,  history of the procurement,
and all other  information pertinent to the proposed procurement.
The proposed procurement can be offered for  the 8 (a)  program in
general in which SBA will select the 8(a) firm(s), on  behalf of a
particular 8(a) firm  identified by  the Agency, or  for  formal 8(a)
competition.   If the  proposed procurement is below  the threshold
for competition, the  offering letter should include  the statement
requesting SBA to  delegate negotiation responsibility to the EPA
procuring activity.

For national buy requirements, the  offering letter should be sent
to  the  Director,   Division  of  Program  Development,   Office  of
Minority  Small Business  and Capital Ownership Development, Small
Business  Administration,   409   3rd  Street,   S.W.,    8th  Floor,
Washington, D.C.  20416.   For local buy requirements, the offering
letter should be sent to the SBA regional or district office which
has jurisdiction over that location.

           (1)   Specific   8 (a)   Contractors.     If  the  project/
contracting officer is aware of a contractor's expert capabilities
either  through the  contractor's prior  performance  or marketing
efforts,  a proposed' procurement can be offered to SBA on behalf of
that contractor.  Prior  to offering procurements to  SBA on behalf
of a particular contractor,  the contracting officer  shall contact
the SBA field/district office where the company's business plan is
administered to verify that the contractor has that SIC code in its
business  plan,  is still  a small business in the  SIC  code, has not
exceeded  its business plan support level, and is  in  compliance with
the competitive business mix targets.

           (2)   General Offers.  If a proposed procurement below the
threshold for  competition   is  offered for  the 8 (a)  program in
general,  the SBA will select the  8(a)  contractor to  perform based
on the  capabilities,  approved level of contractor support in the
business  plan,  and compliance with  the competitive businesses.

           (3)   Informal   Technical  Presentation.      Contracting
officers  in  consultation with the  OSDBU may  invite several 8 (a)
firms   (usually  up  to  four)   to  give presentations on  their
capability to perform a specific procurement.  The Agency shall not
require the firms to  develop elaborate technical presentations or


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to incur unnecessary cost for technical presentation.  The OSDBU in
consultation with  the contracting officer may  develop a list of
salient characteristics  and/or necessary expertise to perform  the
contract with a statement that the list is not inclusive and  is  not
the statement  of work.   DO NOT  GIVE THESE FIRMS THE STATEMENT OF
WORK  TO HELP  THEM PREPARE FOR  INFORMAL  PRESENTATIONS.   If  the
statement of work  is  issued, SBA will consider that the procuring
agency has initiated  a competitive procurement.

The SDBS and/or a representative of  the OSDBU contracting officer,
should attend the presentations with the program office staff.  The
contracting officer or SDBS shall make clear to all in attendance
that the presentation is  a marketing effort and not a commitment to
offer  a  contract.    No  cost  information  may  be  solicited.
Appropriate questions regarding  firms'  capabilities may be asked
after the presentation is complete.

Based on the informal technical  presentations,  an  8(a) firm should
be recommended with whom to continue the acquisition process.  An
offering letter should then- be submitted to SBA on behalf of that
firm  (see  Appendix for  a sample offering  letter #2).   A brief
narrative shall be developed by  the  recommending program office as
to the reasons why  the unsuccessful 8 (a)  firms were not recommended
to continue  the acquisition process.   The  resulting information
shall be forwarded to the OSDBU for appropriate review.

          (4)  Competitive  Procurement.   For  procurements  which
exceed the  threshold for competition ($3 million),  the offering
letter  should  identify the  geographic  conditions  which  are
important  for  contract  performance  and list  the names  of 8(a)
firms,  if  any, which have  already  expressed an  interest  in the
procurement.

          (5)  SBA  Response.    SBA shall  acknowledge  the  EPA
offering  letter,   within 15  days  after  receipt,  by either  an
acceptance or  rejection  of  the  proposed procurement for the 8 (a)
program.   Prior to acceptance  of  the  offer,  SBA will determine
whether  this  would  have an  adverse   impact   on another  small
business.  An  adverse impact  is  generally considered to exist if
the contract is currently being performed by a small business (not
in the 8(a)  program) and  accounts for 25% or more of that concern's
annual  receipts.    If below the  threshold  for competition,  the
acceptance letter  will also  identify the  contractor selected for
the procurement.  In most cases, SBA will authorize the procuring
agency to conduct negotiations directly with that contractor.
For competitive  procurements,  the acceptance  letter  will advise
whether competition is limited geographically or further limited to
participants in the developmental stage or the transitional stage
of program participation.
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     d.   Synopsis.    Sole source  solicitations  and  local  buy
competitions which are to be awarded using Section  8 (a) procedures
do  not  require synopsis  in  the  CBD.    However,  national  buy
competitive solicitations must be synopsized in the CBD, using the
format prescribed in FAR Subpart  5.205(f).  In  addition, all 8(a)
contract awards must be synopsized  in the  CBD.

     e«   Sole Source 8fal Awards - (Solicitations).   Upon receipt
of  SBA's  letter  to  proceed  with  a   procurement  involving  a
particular contractor, the contracting officer  shall  solicit from
the potential contractor using the identified procedures described
above)  a proposal,  which may  include  price.    The  solicitation
package for an 8 (a) contractor should not differ significantly from
that of a competitive procurement.  The Request for  Proposals (RFP)
must  contain  a complete  statement  of  work,  a  clearly  stated
delivery schedule, and any other  information necessary to enable
the concern to prepare a complete  and thorough proposal. As in any
RFP,  the factors against  which the technical  proposals  will be
evaluated should be clearly stated.

The RFP  should  also  include a complete set of representations and
certifications on which the offeror  may certify its small business
status.   The  date of  the offerer's  written  self-certification
submitted with the initial offer including price will be the date
used by  SBA to  determine the concern's eligibility to receive the
particular contract.   The RFP  should  also require the potential
8(a) contractor to include in the technical proposal  a statement
that  it will not  subcontract  to another  firm  without prior SBA
approval.    Where  approval  to  subcontract is given, the  8 (a)
contractor  must  certify  that  it will   perform the  required
percentage of work with its own labor force in  accordance with SBA
regulations  (13 CRF 124.363).  In  addition,  the proposal should
contain a statement that it understands that the Federal Government
is  not obligated to pay any expenses  incurred by  the concern in
preparing and submitting its proposal.   Should  the firm refuse to
provide  either  statement, the contracting  officer  shall terminate
any further action to consummate  the contract.

           (1)   Contract Performance.  To assure the accomplishment
of  the  purposes  of the  8 (a)   Program,  each 8 (a)  contractor is
required to perform work equivalent  to the following percentages of
the total  dollar amount of each  contract, exclusive  of material
costs, with its own  labor force:

                (1)  Professional  Services               51%

                (2)  Nonprofessional Services            75%
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                (3)  Construct ion
                      General                          15%
                      Special trades such as
                        electrical, plumbing, etc.     25%

                (4)  Manufacturing  (other than
                      regular dealers)                 25%

           (2)   Evaluating  the  Proposal.   The  technical proposal
shall be  evaluated  in accordance with the evaluation factors set
forth  in  the  RFP.    The  8(a)   sole  source contract  is  a non-
competitive,  negotiated instrument,  therefore,  the contracting
officer and technical representative have considerable latitude to
discuss, and if necessary,  refine the  statement  of work during the
negotiation process.  Discussions should verify that the contractor
fully understands the work to be performed.

The cost proposal shall be evaluated in accordance with FAR 15.8.
The objective is to  award the contract at a fair  market price.  The
fair  market  price  must  be estimated based  on cost  or  price
analysis,  consideration of commercial prices for  similar products
and services, in-house cost estimates and data submitted by the SBA
or the  8(a)  contractor.   For a  repeat purchase,  the contracting
officer must consider recent award  prices for the same item or work
if there   is comparability  in  quantities,   conditions,  terms and
performance  times.    The  estimated price  should be adjusted to
reflect differences  in specifications,  plans, transportation costs,
packaging  and  packing  costs,   and  other   circumstances.    The
determination of the estimated fair market price  must  be documented
in the contract file.  The  documentation should  reflect the extent
of analysis  performed, consideration  of  all recent  award prices,
including  unrealistically  low prices  or  contracts performed at a
loss,  the  adjustments provided  above,  and any other  unusual
circumstances related to the particular  procurement.  NOTE;  The
negotiated contract price and the  estimated fair market price are
subject  to  SBA's  concurrence.    If  SBA  disagrees  with  the
contracting officer's determination, SBA may appeal  in accordance
with the procedures discussed above.

           (3)   Negotiating  the Contract.   In most instances, SBA
will authorize the procuring agency to negotiate directly with the
8 (a)  contractor.  SBA  may  wish to  participate in  negotiations for
contractors which are  new  program participants.  In either case,
SBA must  approve the  resulting  price and  contract  terms before
award.

           (4)   Preparing  the  Contract   Documents.     When  the
negotiations have been concluded,  the  contracting  officer shall
prepare both the prime contracts to be awarded to the SBA and the
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subcontract between the SBA and the 8(a) firm.  The contract should
be prepared in the same detail as would be used for a contract with
any other business concern.  The contracting officer should use the
Standard Form  (SF)  26  as the award form, except for construction
contracts, where the SF  1442 must be used.

If  the  contract  is for construction  work,  it must  include the
Miller Act requirements  for performance and payment bonds, unless
SBA has granted an  exemption from the bonding requirement.

SBA  will insert its contract number, the name and signature of its
contracting officer, and the date signed.  SBA will also obtain the
signature of the 8 (a) contractor prior to signing and returning the
package for the procuring agency's signature.   SBA will make every
effort  to process  contract documents,  and  subsequent bilateral
modifications, within  10 working days.

           (5)  Memorandum of Negotiation.  The  contracting officer
shall prepare  and document by signature a negotiation memorandum
summarizing, in  narrative form,  the complete negotiation process
from start to  finish.  A copy of the memorandum shall  be  appended
to  the  contract  documents.   The  information contained in the
memorandum of  negotiation shall include the following:

          —   the  prime contract  number,  a  description of the
               requirement, and negotiation dates;

               the  agency  acquisition  office,  name  of agency
               contracting  officer  and lines for  signature,  date
               signed, and effective date;

               names,  identification,  and telephone numbers of all
               persons involved in the negotiation;

               summary of discussions and resolutions  prepared by
               the  program officer, and how all technical aspects
               and  costs were arrived  at including pertinent terms
               and  conditions.

The  SBA will  provide  to the contracting  activity  the competing
contractor certifications required by FAR 3.104-9 prior to award of
contract  actions   exceeding  $100,000.    SBA  will   obtain  the
certifications from the  8(a) contractor.

           (1)  Competitive   Solicitation.      Competitive   8 (a)
requirements  may   be  conducted  using  either  sealed   bids  or
competitive proposals.  The same criteria for selecting the method
solicitation (sealed bid vs.  competitive proposals)  apply as for
other competitive contracts.  The solicitation package for a
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competitive 8(a) contract should not differ from that required for
any other competitive procurement.  The solicitation shall  include
a  complete statement  of work,  detailed  evaluation factors  for
award, and the clause at FAR 52.219-18, or its Alternate I,  II,  or
III, with the SIC code and other  required  information inserted.

The  date of the  8 (a)  offerer's  written  self-certification as  a
small business, submitted with  its  initial offer including  price,
will be the date used by SBA to determine the concern's eligibility
to receive the particular contract.   Therefore, it  is particularly
important  to  obtain  a  complete   set  of   representations   and
certifications from  each 8(a) offerer.

           (2)  Evaluation of Offers. Offers from 8(a) concerns are
evaluated in accordance with the  evaluation  factors  listed  in  the
solicitation.  Evaluations shall  proceed as  they would for  any
competitive  solicitation,  whether sealed   bid  or  competitive
proposals.   The  contracting  officer must  use the  same care  to
safeguard information and evaluate 8(a) offers  as  is required  for
other competitive procurements.

           (3)  Negotiating   the  Competitive  Contract.      EPA
contracting   officers   are   responsible   for  conducting   all
negotiations  necessary  for  determining  an  apparent  successful
offerer on solicitations requiring competitive proposals. The  SBA
contracting officer  is not involved in these  negotiations.

           (4)  Eligibility    Determinations    for    Competitive
Procurements.  SBA will determine the eligibility of  offerers  for
award of the contract, as of  the  time of  submission of initial
offers which  include price.   Eligibility is based  on whether the
firm has the SIC code in its  approved business plan,  whether it  is
still  small  for  the  SIC  code,   whether  the  firm  is  in  the
developmental or transitional stage, whether the firm is within  its
approved 8(a) support level, and  whether it meets the  competitive
business mix targets.

For sealed bid procurements, the  contracting  officer  provides  SBA
a copy of the solicitation,  the estimated fair market price, and  a
ranked list  of offerers.  The ranking should include the total
evaluated  price for each offer,  differentiating  between basic
requirements and any options.   SBA  will review the eligibility of
the first low offerer,  and proceed down the list as  needed until an
eligible offerer is identified.  SBA will determine  the eligibility
and advise the  contracting officer within  five (5)  working days
after receipt of the list of offerers.

For negotiated procurements, the contracting officer should provide
SBA  the  name  of  the  apparent  successful  pfferor.    SBA will
determine the eligibility when  the  contract is forwarded for  its
signature.

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It is the responsibility of SBA to notify any firms which it finds
ineligible.  Eligibility of an 8(a) concern to receive a particular
contract may not be protested or challenged  by another offerer or
any  other  party.    only   SBA  has  the  authority   to  determine
eligibility of 8(a) contractors.

           (6)  Preparing the Competitive  8 (a) contract Documents.
The procuring agency prepares the contract for award to SBA and its
8 (a)  subcontractor.    The contracting  officer  should use  the
Standard Form  (SF) 26 as the award form,  except for  construction
contracts, where the SF 1442 must be used.   Unless SBA plans to
make advance payments  available to the.8(a)  contractor, a single
contract document may be used for both the prime contract between
the agency and the SBA and the subcontract between the SBA and its
8(a) subcontractor.  The contract document shall include:

                    The clause at  FAR 52.219-17,  "Section 8 (a)
                    Award"

                    A  continuation sheet, as  an  appendix,  which
                     identifies the agency acquisition office, prime
                     contract  number,  name of agency contracting
                     officer and lines for signature,  date signed,
                     and effective  date;  the  SBA  office,  the SBA
                     contract number,  name of the SBA contracting
                     officer,  and  lines   for signature and  date
                     signed;  and  name  and  lines  for  the  8 (a)
                     subcontractor's signature and date signed.

                     If  the contract  is for construction work, it
                    must  include  the  Miller  Act requirements for
                    performance and payment  bonds, unless SBA has
                    granted  an   exemption   from   the  bonding
                    requirement.

SBA will insert its contract number,  the name and  signature of its
contracting officer, and the date of its signature.   SBA will also
obtain the signature of the 8(a)  contractor prior to signing and
returning  the  package  for the procuring agency's signature.  SBA
will  make  every  effort   to  process  contract  documents,  and
subsequent bilateral modifications, within ten working days.

The  contracting officer  shall  obtain the  competing contracting
certifications  required by FAR 3.104-9  directly from  the 8(a)
competition.

     f.   Post-Award Action

           (1)  coordination with  the  SBA and EPA.   In  accordance
with 48 CFR 19  800 (c),  SBA  is required to certify to the  procuring


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agency that it is competent to perform any specific contract upon
which it agrees.  Procuring  activities  shall ensure that the SBA
certification (signed document) is contained in the contract file,
prior to the  performance of any work on the  contract.   Careful
evaluation of the contractor's  capabilities prior to award ensures
that most 8 (a) contracts are  performed successfully.  However, any
significant performance problems  under an 8(a)  contract shall be
reported  immediately  by  the  contracting   officer  to  the  SBA
contracting officer, the appropriate SDBS, and to OSDBU.   It is the
responsibility of SBA to provide the 8 (a) contractor assistance to
enable satisfactory  completion of the contract.   The contracting
officer  must  not  initiate  termination  proceedings, either  for
default or  for  the  convenience of the  Government/ without first
informing the SDBS,  the OSDBU,  and the SBA contracting officer.

          (2)   Approval  of Lower  Tier Subcontracting.   SBA must
give  its  approval before  any  of the performance under  an 8 (a)
contract is subcontracted to  another concern.   This requirement is
in addition to the overall limitations on subcontracting required
for set-aside contracts under Section  8(a).   SBA's  approval is not
required for each subcontract.  SBA will  generally  accept the 8(a)
concern's  subcontracting  arrangements   if   the  limitation  on
subcontracting requirements are met; however, SBA must be informed
of all  subcontracting arrangements.   SBA reserves the  right  to
disapprove any such agreements.

     9-   Contract Modifications.  All  modifications to  the 8(a)
subcontract will be negotiated between the EPA contracting office
and the 8(a) contractor, and will be processed in accordance with
established procedures.  Unilateral modifications,  such as "Change
Order" or "Administrative Changes" do  not require agreement by the
prime contractor (SBA).  However, bilateral modifications must be
signed by all three  parties.   SBA will  make  every effort to sign
and return modifications to the procuring activity within a maximum
of 10  working days.   It is  the responsibility  of the  procuring
activity  to  keep  SBA  apprised  of  all modifications,  progress
payments, and any other pertinent data requested by SBA.

NOTE:  A modification within  the scope of the initial contract may
be issued whether the contractor has exited the  8 (a)  program or
whether the concern  is no longer small under the size standard for
the  contract.   SBA's  concurrence  in   the  issuance of such  a
modification  is  required.    However,  a   modification  outside the
scope of the initial contract is considered a new contract action.
Therefore,  if the 8(a) contractor has exited the program or is no
longer small  for that size standard, the modification  cannot be
issued.

     h.   Contract Close-Out.  A copy of the acceptance document
and a copy of  the final payment document  shall  be provided to SBA.


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Performance  of Contracts  by  Original  afal  Concern.    Any 8 (a)
contract (including options) awarded on or after June 1,  1989 must
be  performed  by  the  8 (a)  concern  that initially  received the
contract.  If  the owner(s) upon whom eligibility was based
relinquish ownership,  the  contract or option shall be terminated
for the convenience of the Government.  The SBA Administrator, on
a  non-delegable  basis,  may  waive  this  requirement  if certain
conditions exist  (such as the death or incapacity of  the  owner and
termination of the contract would severely impair attainment  of the
Agency program objective or mission).  In case such a circumstance
exists, the contracting officer may request a waiver by  immediately
notifying  SBA in  writing.    The request  for waiver  must  be
coordinated  with  the OSDBU, and must be  filed  within 15 working
days after the notice.

If  SBA does not  approve  a waiver,  the  contracting  officer must
terminate  the  contract for  convenience upon  receipt  of  SBA's
written request.

     i.   8(a) Program Size Protests.  For Section 8(a) contracts,
whether  sole  source  or  competitive, size  determinations  may be
requested  by  the  SBA  contracting  officer,  the   SBA  Regional
Administrator  for the geographical area covering the  location of
the  concern's headquarters,  or  the Associate  Administrator for
Minority Small Business and Capital  Ownership Development (AA/MSB
& COD).  If SBA declines a procurement offer because  it has  made a
preliminary determination that the  8 (a) concern nominated  to  obtain
or compete for the procurement is  no longer a small  business, the
nominated 8(a) concern may request a formal size determination.

PART III - SMALL  BUSINESS  SET-ASIDE  PROGRAM


1.   Purpose.  This section highlights the Environmental Protection
Agency (EPA)  Small  Business  Set-Aside Program  and  establishes
procedures and guidelines  for  its  implementation.

2.   Authority.  The Small  Business Set-Aside Program  is authorized
by Section 15  of  the  Small Business  Act,  as amended.

3.   Background.   To enhance  the  opportunity for small business
concerns to receive a  fair  proportion of Government  contracting
dollars, Congress established, through the Small Business Act, the
Small  Business   Set-Aside  Program.    The   rationale  for this
preferential treatment is that a healthy small business community:
is essential for the preservation of the nation's free  enterprise
system.  P.L. 95-507 added  strength to the Small  Business  Set-Aside
Program by requiring that all procurements up  to $10,000 which are
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subject to  small  purchase procedures be set  aside for exclusive
participation by small business concerns.  These procurements are
called small  business - small purchase  set-asides.   The $10,000
threshold was raised to $25,000 by Sections 921 and 922  of P.L. 99-
591 Of 1986.

P.L.   101-574,   the   Small   Business   Administration    (SBA)
Reauthorization and Amendments Act  of  1990,  requires procuring
agencies to notify the SBA Procurement Center Representative  (PCR)
about planned acquisitions  which  are consolidations of contracts
currently being performed by small business concerns.  The notice
shall be  given to  the PCR  at  least  30 calendar days  prior to
issuance of the solicitation, and  must explain why the acquisition
cannot  be  divided.    The   notice   must also  explain  why  the
acquisition can be offered as a small business set-aside.

4.   Definitions  -  (Small Business)  is  a concern,  including its
affiliates, which is not dominant in its field of operation, in
accordance with SBA size standards for the particular industry, in
which it is bidding  on Government contracts and meets certain other
size standard criteria for the industry as established by SBA.

     a.    Small Business Set-Aside is a potential acquisition which
is  reserved for  exclusive  competition  among small  businesses.
Large  businesses  may  not   participate  in  these  acquisitions;
therefore, large business response to solicitations based on set-
asides are rejected as nonresponsive.

     b.    Class Set-Aside is  an  agreement  whereby current and
future procurements  of  selected items and services,  or groups of
related  items  and   services  are  reserved  for  exclusive  small
business participation.  It is a means of setting aside partially
or  entirely  items or services which are purchased repetitively,
without the need  for recommending set-asides  on  each procurement
section.

5.   Small  Business  Size  Status.     Eligibility  for  firms  to
participate  in  EPA's  small  business set-aside program requires
simply that  firms are  "small"  in accordance with  the standards
established by SBA.   Size standards vary by industry, as defined in
the Standard Industrialization Classification (SIC) Manual.   Size
standard measurements are based on (1) the firm's average number of
employees  during  each  of the pay  periods in  the preceding 12
months,  or  (2)  its  average annual  receipts  for  the  past  three
fiscal years.  Any  particular SIC code will have  a size standard
expressed in either number of employees or dollars of receipts.
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     a.   For size standard purposes, procurements are classified
in  the industry  which definition  best describes  the principal
nature of the product or  service being acquired.  Procedures for
contracting procurements are defined in FAR 19.102.

     b.   Once the SIC code has been determined,  the corresponding
small  business  size  standard can be found  by consulting the SBA
size  standard  regulation  in  FAR  19.102,  13  CFR  121,  or  by
contacting the OSDBU.

6.   Criteria.    A procurement  shall  be  conducted  as a  small
business  set-aside   whenever  the   contracting  officer  has  a
reasonable  expectation of receiving  at least  two  offers  from
responsible small businesses and being able  to make awards at fair
market prices.

7.   Small  Business   Set-Asides  -  (Order of  Precedence! .    As  a
civilian Agency, EPA contracting officers must award contracts and
encourage placement  of subcontracts  in the following   order of
precedence:

     a.   Total  set-aside  for  small  business  concerns  located
          in labor surplus areas.

     b.   Total set-aside  for  small business concerns.

     c.   Partial   set-aside    for   small    business   concerns
          located  in  labor surplus  areas.

     d.   Partial  set-aside  for  concerns   located  in   labor
          surplus  area, regardless  of size.

          (1)  Class  Set-Asides.   The  EPA  has designated  the
following selected types of acquisitions which shall continually be
set-aside  for  exclusive  small  business  participation  without
individual  procurement reviews, as long as the market and other
conditions remain appropriate for set-aside.  Such class set-asides
apply  to  all EPA procurement  offices.   A  list  identifying class
set-asides shall be maintained in the procurement office and shall
be  updated on an annual basis.

          1.   Architectural and engineering services
          2.   Audit  services  (exclusive of  management and systems
               audits and  urgent requirements  beyond the capacity
               of  small business)
          3.   Automatic  data processing services,  such  as data
               entry  (including  key punch), verification, key-to-
               tape, etc., (exclusive of work incidental to program
               maintenance and emergency requirements)
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          4.   Business services, including ADP
          5.   Clerical training
          6.   Conference Management
          7    Construction  (dollar  value up to  $2  million; all
               other shall be set aside on a case-by-case basis)
          8.   Editing and proofreading services
          9,   Engineering, accounting, research, management and
               related services
          10.  Maintenance and repair of equipment
          11.  Messenger/courier services
          12.  Moving services
          13.  Photographic laboratory services
          14.  Press clipping services
          15.  Security guard services
          16.  Services, not elsewhere classified
          17.  Sign printing
          18.  Stenographic  services  (exclusive  of  nationwide
               requirements of Administrative Law Judges)
          19.  Translations services
          20.  Verbatim reporting services

Contracting officers must give advance written notice to OSDBU of
any decision not to  set  aside  a  procurement designated for class
set-aside, stating the reason for the decision.  A written waiver
must be obtained from the OSDBU prior to issuing the solicitation.

Procuring activities  shall  initiate  other class set-asides which
are appropriate for their specific activity.  A copy of the list of
new additions shall be forwarded to the OSDBU.

          (2)  Total  Set-Asides.    The   entire  amount  of  an
acquisition  must  be  set  aside for  exclusive  small  business
participation  whenever  the  contracting  officer  determines  that
there is a reasonable expectation that offers will be obtained from
at  least two  responsible small business concerns  offering the
products, and that awards will be made at a fair market price.

Every procurement must be viewed as a potential small business set-
aside.  Products or services which are on the EPA class set-aside
list are not the only candidates for set-aside.  Past acquisition
history is not the only factor to consider in determining whether
a reasonable expectation exists.  The purpose of the SDBS/OSDBU and
SBA PCR reviews  is   to  ensure  that the  capabilities  of  small
businesses are  fairly considered for every  procurement (see FAR
Subpart 19.502).
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           (3)  Partial  Set-Asides.   A  portion of an acquisition
expected to exceed $25,000, except  for  construction, must be set-
aside for exclusive small business  participation when:

               A total  set-aside  is not appropriate;

               The  requirement can be  divided into two  or more
               economic production  runs or lots; and

               One or more small business concerns are expected to
               have  the  technical  competence  and capacity  to
               fulfill  the set-aside portion of the requirement at
               a fair market price.

A partial  set-aside shall not be made if there  is a reasonable
expectation  that  only  one large  business and one small business
will  respond with offers, unless authorized by the head  of the
contracting office on a case-by-case basis.

           (4)  Insufficient Causes for Non-Set-Asides.  None of the
following  is sufficient cause for not setting aside an acquisition
for exclusive  small business participation (see FAR 19.502-5):

               A  large  percentage  of previous contracts  for the
               required item or service has  been awarded to small
               business;

               Less than 30 calendar days is  available for receipt
               of offers;

               The contract is classified;

               Small  businesses  are  already  receiving  a fair
               proportion  of  the Agency's contracts for supplies
               and services; and

               A brand  name or "equal" product description will be
               used in  the solicitation.

8.    Establishing  Set-Asides.   Small business set-asides  may be
established  by  a  unilateral  determination of  the  contracting
officer,   with  input  from  the  OSDBU  and/or   the  Small  and
Disadvantaged   Business  Specialist  (SDBS);   or  they  may  be
established by a joint determination of  the contracting officer and
the SBA PCR or other SBA representative.  The set-asides should be
determined unilaterally to avoid delays  in the procurement process,
whenever possible.

      a.    For  potential action anticipated to exceed $25,000, total
and partial  small business set-asides may be conducted by sealed


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bidding or competitive negotiations.  Except for offers received on
the non-set-aside  portion  of partial set-asides, offers received
from  concerns  that  are  not  small businesses are considered
nonresponsive and must be rejected.

     b.   The  SDBS   shall   review  individual  requirements  to
determine  the   suitability   of  small   business  set-asides  in
accordance  with  the  priorities  in  FAR  19.501.    The set-aside
recommendations shall be documented by using EPA Form 1900-37,  (see
Appendix 1900-37, and where appropriate, shall include adequate
justification for recommending against a set-aside.  The complete
form  shall  be  forwarded  with  the  requirement  package  to  the
contracting officer to become a part of the contract  file.

     c.   Withdrawing or Modifying Set-Asides.   If a contracting
officer  decides  that procurement  of an individual or class set
aside  would be  detrimental  to  the  public interest  (because of
unreasonable  price,   for example),  the  contracting  officer  may
initiate  to withdraw  or modify  the set-aside  determination by
giving  written  notice  to  OSDBU stating the  reason  for  the
withdrawal.    If  OSDBU does  not  agree  to  a  withdrawal  or
modification, the case may be referred to the PCR for appropriate
appeal or the head of  the procuring activity.  If  the PCR disagrees
with the head of the procuring activity decision, he/she may stop
action  on the requirement and shall appeal  to  the  head  of the
Agency whose decision shall be final.  If no award can  be made, the
set-aside is automatically dissolved.

     d.   Solicitation  Provisions.   All  EPA  solicitations shall
include  the  Small  Business  Concern  Representation Clause  as
required  by  FAR  52.219-1, as well as the contracting officer's
determination of  the appropriate Standard Industrial Classification
(SIC)  code  and related  small business size  standard.   This is
particularly important  for set-aside procurements where the size
standard set forth in the solicitation establishes one  criterion of
eligibility for award.

The provision at  FAR 52.219-2  shall be included in Section K of all
solicitations with the  SIC code and  small business size standard
filled  in.    Open market  purchase  orders and  blanket  purchase
agreements must also include this information in the supplemental
clauses.

     e.   Participation  by  Organizations  for   the  Handicapped.
Under  P.L.   100-590,  public  and private  organizations  for  the
handicapped are authorized to submit offers on procurements set-
aside for small  businesses.   This policy  is  currently in effect
through fiscal year 1993, and is expected to be extended.  Small
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businesses which experience, or are  likely to experience severe
economic  injury  as a result of such  an award may file an appeal
with the  SBA Associate Administrator  for Procurement Assistance.

9*   Small  Business  -  Small  Purchase  Set-Asides.    Except for
certain limitations as described in FAR 13.501,  all potential open
market acquisitions expected to be  $25,000  or less, and which are
subject  to  small  purchase procedures,  shall  be reserved for
exclusive small business participation,  as required by law.  Offers
shall  be solicited  only  from  small  business  whenever  the
contracting officer can reasonably  expect to obtain two or more
acceptable offers from small business concerns that are competitive
in market prices,  quality,  and delivery.

All written  solicitations under small  business - small purchase
set-asides shall contain  the provision  at FAR 52.219-4, Notice of
Small Business - Small Purchase Set-Aside.   If the solicitation is
oral, information  similar to that in the provision should be given
to all potential offerers.

If  the  contracting  officer determines that  the mandatory small
business  -  small purchase  set-aside  is not appropriate,  and the
purchase   should   be  completed   on  an   unrestricted   basis,
documentation justifying  the reason for dissolving such statutory
set-aside shall  be forwarded to the OSDBU for the SBA PCR review.
Such documentation shall become a permanent part of the purchase
order  file.    NOTE:    The  SBA  PCR  may appeal  the  contracting
officer's decision.

All small purchasing officers shall  post a notice of each available
solicitation valued between  $10,000 and $25,000, on a public board
in the building  in which the contracting office  is located.  For
the national office,  such notices shall be  forwarded to the OSDBU
for appropriate  posting.

10.  Protest of  Small Business Status  -  (Who Mav Protest).  Any
offerer   or  interested   party  may  protest  the small  business
representation   of  any   offerer   in  a   specific  acquisition.
Contracting   officers    may  challenge   the    small   business
representation of an  offerer by filing  their  own protest any time
after offers are opened.

     a.   Timely Submission of Protest.  A protest must be received
by  the contracting officer by  the  close  of  business  five  (5)
working  days after bid  opening (in  sealed bid  acquisitions)  or
receipt of the contracting officer's  notification of the apparent
successful offerer (in negotiated  acquisitions; see FAR  Subpart
15).  If  the contracting  officer fails  to notify the parties five
 (5) working  days  before  award,  a  protest  is timely if received
within five  (5)  working days after announcement  of the award.   A
protest filed by a contracting officer is always considered  timely.

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     b.   Procedures for Handling  Size  Protests.   Any protest or
appeal  involving  the  SBA  should  immediately  be brought  to the
attention  of  the  SDBS  and  the  Director,  OSDBU.    Complete
documentation  should  be prepared  describing  the basis  for the
protest, the contracting officer's position  (if appropriate), and
other  supporting  information—acquisition history,  solicitation,
Dun and Bradstreet reports, and pertinent correspondence.

Whether the protest is  timely or not,  the contracting officer shall
promptly forward it to  the SBA Regional Office for  the geographical
area  where  the  protested  offerer's  headquarters  are  located,
regardless of the location of parent companies or affiliates.

     c.   SBA1s Determination Process.  SBA will notify the parties
of the date  the  protest was received, and furnish a  copy of the
protest and  appropriate forms to the firm whose  status  is being
protested.  The concern in question must file the completed forms
within three  (3) working days after receipt of the notification.

The  size  determination  is  made  primarily  on  the  basis  of
information supplied by the  parties.   However,  SBA may use other
data contained in its  files and may make inquiries for additional
information if necessary.  The burden of proof for  establishing its
small  business size status is on the protested  concern.   If the
protested  concern fails to  submit the  required forms,   SBA may
conclude that disclosure of the information would be unfavorable to
the  offerer's interest,  and  that the  concern  is  not   a  small
business.

The  SIC  code and small business  size standard set forth in the
solicitation are reviewed in conjunction with every size protest.
If the solicitation does not contain a SIC code or size standard,
SBA will supply one.

PART IV - LABOR SURPLUS AREA PROGRAM


1.   Purpose.    To  establish procedures for  implementing  the
Environmental  Protection  Agency  (EPA)  Labor Surplus Area  (LSA)
Program.

2.   Authority.  The Labor Surplus Area Program is authorized by
the following:

     a.   Small Business Act, as  amended by Public Laws 95-89, 95-
507,  96-302, and 99-272.

     b.   Executive Orders 12073  and  10582, dated  August 16, 1978,
Federal Procurement in Labor Surplus Areas.
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     c.   48 CFR 20, Federal Acquisition Regulations  (FAR), Labor
Surplus Areas.

3.   policy.   It  is the policy of  the  EPA to encourage concerns
located in LSA to participate in the EPA contracting activities.
All procuring activities shall use  its best efforts to award
contracts and encourage prime contractors  to award subcontracts to
concerns that will  perform a substantial  portion of the contract
work in labor surplus areas.

4.   Background.  Public Law 95-89  was enacted in 1977, amending
the Small Business Act,  to  authorize and establish a small business
and LSA precedence for Federal agencies to set aside contracts for
employers which agree  to perform a  substantial portion (at least
51%) of the contract work in LSA.  Additional  support was added to
the program in 1978 by  the issuance of E.O. 12073, which required
Federal agencies to set annual targets for procurement set-asides
in  LSA.   In 1980,  P.L. 96-302 was enacted to provide permanent
authorization to  the LSA program.   It also authorized set-asides
when there is reasonable expectation that offers will be obtained
from a sufficient number of firms to ensure that awards are made at
reasonable prices,  as  well as change the  order of precedence for
awarding all set-aside contracts.  LSA classifications are based on
civil  jurisdiction rather  than metropolitan areas of labor market
areas  so that Federal contracts can be directed to those specific
localities  with  high  unemployment  rather  than  to  all  civil
jurisdictions within a  metropolitan area,  since not all may have
suffered from the same degree of unemployment. The 1986 enactment
of P.L. 99-272, Section 18002, modified the Small Business Act to
reduce the population  criteria for  LSA  classifications  f.rom  a
minimum of 50,000 to 25,000. To further strengthen the LSA program
is  the Office  of  Federal  Procurement Policy  (OFPP)  Policy Letter
81-2,  which provides for the  following:

     o   Contracts awarded under set-asides pursuant to Public Law
96-302 shall be recorded by agencies in fulfillment of their LSA
targets.

     o   Contracts  awarded  under   Section   15(j)  of  the  Small
Business Act shall, to  the extent possible, be recorded as awards
against an agency's LSA targets if the costs to be incurred by the
contractor  and  its  first  tier  subcontractors on   account  of
manufacturing, production, etc., in  the  LSA  exceeds  50%  of the
contract price.

     o   Subcontracts  under set-asides to LSA Covernment-Owned-
Contractor-Operated  (GOCOs)  firms  shall  be   counted  towards  an
agency's LSA performance.
                                33

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     o    Non-competitive awards under  the Section 8 (a) Program,
purchases from blind and handicapped workshops, and Federal  Prison
Industries are able  to set-aside a particular product or  service
for the Section 8 (a)  Program, such contracts may be counted  towards
LSA set-aside performance.

5.   Definition.   The EPA  defines LSA as those  discrete civil
jurisdictions  (counties,  county  equivalents,  and cites  with a
population of at least 25,000) which have an average unemployment
rate  that  is at   least  120  percent  of  the national   average
unemployment rate during the base period (the preceding 24 months).

6.   Implementing Procedures.   Procedures for  implementing  the EPA
LSA Program entails  the following activities:

     a.   Goals.  Each major program office, upon request  of, and
in consultation with the  Director,  OSDBU, shall establish annual
LSA goals.  These goals shall  be forwarded to the Director, OSDBU,
who shall prepare and submit the offices consolidated goals to the
General Services Administration.

     b.   LSA Set-Asides.  Contracting officers and SDBS  shall make
every effort to place as many contracts as possible on the basis of
LSA set-asides, either alone or combined with a small business set-
aside.  When  there  is reasonable  expectation  that offers will be
obtained from a sufficient number of reasonable LSA firms, and that
awards will be made  at reasonable prices, the entire amount of an
individual procurement may be set aside.   Within EPA, consideration
of at least two firms constitutes a "sufficient number".

     c.   Insufficient Causes  for not Setting Aside an Acquisition.
None of the following is,  itself, sufficient cause for not setting
aside an acquisition (see FAR 19.502-5):

           (1)  A large part of the previous contract for the item
or service was awarded to LSA concerns.

           (2)  Less than  30 calendar days are available for  receipt
of offers.

           (3)  The contract is classified.

           (4)  The item is on a Qualified Products List.

     d.   Award Procedures.  Sealed bids or competitive proposals
may be used for LSA set-asides.  Offerers must certify that, with
their first-tier subcontractors,  they will perform at least 50% of
the contract in an  LSA.  Offers received from  concerns that do not
qualify as LSA concerns are considered  nonresponsive and  must be
rejected.


                                34

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     e.   Eligible Firms.  A firm need not be located in an LSA to
be  awarded an  LSA set-aside;  however,  the  firm must  agree to
perform  a  substantial portion  of the contract  requirement  in a
geographical area specified as  an LSA on the date the procurement
was  awarded.    To be  substantial,  the  aggregate cost  that the
contractor  or  its first-tier subcontractors  incur  on account of
production, manufacturing,  or  services performed in an  LSA must
equal more than half of the contract price  (at least  51%).  Half or
less than half  is not  substantial.

     f.   Award Procedures.  Sealed bids or competitive proposals
may be used for LSA set-asides.   Offerers  must certify that, with
their first-tier subcontractors, they will  perform at least 50% of
the contract in an LSA.  Offers received  from concerns that do not
qualify  as LSA  concerns  are considered nonresponsive, and must be
rejected.

     9-   Withdrawal  of  Set-asides.   An LSA  set-aside may be
withdrawn prior to award  if the  contracting officer determines that
the  set-aside   is  not   in  the  public  interest   (because  of
unreasonable price, for example).  The reasons for withdrawal must
be documented in the contract file.

PART V - SUBCONTRACTING  PROGRAM


1.   Purpose.      This   section   establishes   procedures   and
responsibilities  for  implementing  the  Environmental Protection
Agency  (EPA)  Subcontracting  Program  for small  business,  small
disadvantaged business,  and women-owned business concerns.

2.   Authority. The EPA Subcontracting Program  shall be conducted
in accordance with the following:

           (1)   Small  Business  Act,  as  amended by  Section  211,
Public Laws 95-507 and 100-656.

           (2)   48 CFR  19.7, Federal Acquisition  Regulations, Small
Business and Small Disadvantaged Business  Subcontracting.

3.   Background.   In an  effort  to strengthen support to the small
business program through Government procurement  dollars,  Congress
enacted  Public  Law 95-507, mandating Government  prime contracts to
place  a  fair portion of their planned subcontracting dollars with
small  and  small disadvantaged business concerns.  Section 211 of
the Act requires that all contracts for nonpersonal services, which
are  to  be performed  within   the  U.S.,   must  include  a clause
requiring prime contractors to  subcontract with small and small
                                35

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d i sad van t aged  businesses   to  the  maximum  extent  practicable
consistent with efficient performance of the contract. It requires
further that all proposed contracts with  large businesses expected
to exceed $500,000 be negotiated ($1,000,000 for construction) and
shall contain an approved subcontracting  plan indicating specified
percentage  goals for  awarding subcontracts to  small  and small
disadvantaged  business concerns.   Failure of any  contractor to
comply in good faith with  the provisions of P.L.  95-507 shall be
reason for a material  breach of the  contract or subcontract.

4.   Definitions.  A subcontract is  any agreement (other than one
involving  an employer-employee  relationship)  entered into  by a
Federal Government prime contractor  or subcontractor for products
or services required for the performance  of the original contract,
modification,  or subcontract,  including  a proportionate share of
products  and  services  whose costs are  normally   allocated  as
indirect or overhead costs.
     a.   A eomingT-gjal product is a product in regular production
which  is  sold  in substantial quantities to the general public or
industry  at  established  market or catalog prices.   It is also a
product which, in the opinion of the contracting officer, differs
only  insignificantly from  the contractor's  commercial  product,
i.e.,  a  product which  is  ordered  in  a special  color but  is
otherwise identical to off-the-shelf products.

     b.   Subcontracting  Plan.    The term  "subcontracting  plan"
means  an  outline of  a prime contractor's objectives in utilizing
the services of small and disadvantaged  business firms  in carrying
out the requirements of the  contract.

5.   Types  of Subcontracting  Plans  -   (Individual  Plans) .    An
individual subcontract plan contains separate dollar and percentage
goals with all administrative elements developed for the specific
contract.  Each item  of the plan must be  negotiated and  approved by
the contracting  officer prior  to  award.   The plan applies to the
entire life of the contract.

Commercial  Products   Plans.    Commercial products  plans may  be
submitted  when  a vendor  sells   large  quantities  for  similar
commercial products to multiple Government agencies;  for example,
from a GSA  Federal  Supply Schedule.  This  type  of plan contains
administrative elements  and  goals developed  and approved  on a
company-wide basis.   Individual contract goals are not  required.
Commercial products  plans are negotiated and in  a  given fiscal
year,  apply  to  all  contracts awarded  during that  year  for the
commodities covered by the plan.   A copy of the plan and the lead
agency contracting officer's approval of the plan must be obtained.
                                36

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The plan  must cover  the products being purchased  under the EPA
contract.  If it does not, an  individual plan must  be negotiated.
Commercial product plans cannot  be  used  for services contracts.
Such plans are valid only for the year in which  they are  approved.
Therefore, a  current  plan must be obtained and approved prior to
modifying or exercising options to contracts containing commercial
products plans.

6.   Applying  Subcontracting  Provision -   (Clauses).   All  EPA
contractual actions in excess  of  $10,000 shall  include the clause
at FAR 52.219-8, "Utilization of Small Business  and  Small Business
Concerns", unless  performance  is  outside the United States or for
personal services.

     a.   All solicitations  and contracts  in excess of  the small
purchase  limitation  shall include the clause  at FAR 52.219.13,
Utilization of Women-Owned Small Businesses, unless  performance is
outside the U.S.,  or  for personal services.

     b.   All solicitations  and contracts  expected to exceed the
small purchase threshold shall include the  clause  at FAR  52.220.3,
"Utilization  of  Labor  Surplus Area  Concerns",  unless  the
performance  is  for personal services or  by foreign contractors,
including all related subcontracts, and will be  performed entirely
outside the United States.

     c.   All solicitations  and contracts  expected to exceed the
$500,000  statutory threshold  shall  include  the  clauses  at  FAR
52.219.9,   "Small   Business   and  Small  Disadvantaged  Business
Subcontracting  Plan", and where applicable, its Alternate I,  and
52.220.4  for  respective  competitive,  sealed bidding, or  LSA
actions.

     d.   All   solicitations   and contracts  which contain  the
subcontracting  plan  clause  (FAR 52.2319.9 and its Alternate I)
shall  include the  clause at FAR  52.219.16,  "Liquidated  Damages—
Small Business  Subcontracting  Plan".

7.   Subcontracting Plans. All contracts for new procurements over
the  statutory  dollar  threshold  which meet  the  criteria  for
submission  of  subcontracting  plans,  shall contain  an approved
subcontracting plan reflecting specific dollar and percentage goals
for   small,   small   disadvantaged,    and   women-owned  business
participation as subcontractors.  The value  of options and similar
provisions must be included in  determining whether the dollar value
exceeds the threshold.   Options must  be included  in the  plan
coverage  (see FAR  19.705.2(a)), with separate goals for the base
period, and for  each  option period.   Contracts  with businesses
                                37

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owned by  a foreign country which operate  from  a location in the
United States, non-profit educational organizations, and State or
local governments must  include  plans unless they  are otherwise
exempt.

     a.   All  letter  contracts  shall include a preliminary basic
plan.  A  final plan must be negotiated within 90 days after award
or before definitizing the  contract, whichever occurs first  (FAR
19.705.5(b)).

     b.   All   indefinite   quantity/indefinite   delivery   and
requirements  contracts  must  contain  plans  if actual  previous
expenditures  and/or  internal  estimates  exceed the  applicable
threshold.

     c.   All  contract modifications, sole-source  or otherwise,
which exceed the statutory dollar  threshold must  contain either
separate  goals for the new effort  or a  revision to the original
goal which indicates expansion of the existing plan that increases
the percentage of dollar amounts.  NOTE:  A new subcontracting plan
is  not  necessary  if  the original  contract already  contains an
approved  subcontracting plan-.

     d.   EPA  contracting officers  are  encouraged  to negotiate
subcontracting plans  with all  firms in  the competitive range for
certain complex acquisitions.

8.   Implementing  Procedures.   The  following procedures shall be
followed  in carrying  out the EPA subcontracting plan:

     a-   Solicitation   Instructions.     All  solicitations  for
potential contracts expected to exceed the statutory thresholds
shall contain a notice advising  offerers  that subcontracting plans
may be requested from  all firms determined to be  in the competitive
range.  In the case of a successful  offerer,  or  if the contracting
officer deems  it  more feasible,  plans may be negotiated with all
firms in the competitive range.  When simultaneous negotiation is
desirable,  the  solicitation  may  require  offerers  to  submit
subcontracting   plans  with  their  initial  proposals.     The
solicitation shall advise contractors that they must  show evidence
of equal opportunity in soliciting subcontractors, and advise them
that the  EPA has  a source  list of potential subcontractors which
may  be  used  to  supplement their  own  lists.    A  copy  of  the
solicitation shall be forwarded to OSDBU  and  the appropriate SDBS.

     b.    Evaluation of Requirements.  The procuring activity, in
coordination with the  SDBS  and the  OSDBU,  shall  evaluate each
procurement  to   determine   subcontracting   possibilities.     A
determination that no subcontracting possibilities exist must be
                                38

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approved by  the OSDBU, and shall become  a permanent part of the
contract file.  The contractor's performance must be monitored to
ensure  that  there  is  no change  in this  determination.   Should
subcontracting  actually  occur,  the  contracting  officer  must
promptly  request a  written subcontracting  plan from  the prime
contractor for  review  and approval.  If the determination is not
approved, a  plan must  be  obtained from the contractor.

     c.   Subcontracting Program Evaluation Criteria.  For large or
complex acquisitions where substantial subcontracting opportunities
exist,  the offerer's  subcontracting plan, and where appropriate,
prior  performance  shall  be  included as  one  of  the evaluation
factors.  The determination to incorporate subcontracting  plans as
an  evaluation factor should be a  cooperative  effort between the
program office, the contracting office, and OSDBU.

     d.   Subcontracting  Program Support.  The  following statement
should   be   included   in   solicitations   applicable   to   the
subcontracting  requirement:

          Small and  small  disadvantaged  businesses,  including
          women-owned  and labor surplus  area,  are encouraged to
          participate  as  prime contractors or as members of joint
          ventures with other  small businesses.  All interested
          contractors  are reminded  that the successful contractor
          will  be expected to place subcontracts  to the maximum
          practicable  extent with small and disadvantaged  firms in
          accordance with the  provisions  of Public  Law 95-507 and
          Subpart 19.7 of the  Federal Acquisition Regulations.

     e.   Publicizing  subcontracting Opportunities.  Contracting
officers  shall  encourage prime contractors and subcontractors to
publicize  their  subcontracting  opportunities  in  the   Commerce
Business  Daily  (CBD).  Subcontract information should be mailed
directly to  the CBD under the  heading "Subcontracting Assistance
Wanted".   In addition,  the  cognizant  SDBS shall,  upon request
provide  small   businesses  the  list  of  contractors   to  whom
solicitations have  been mailed.

9.   Subcontracting  Plan  Reports.    Contracting  officers shall
ensure  that  contractors forward individual contractor data on SF
294 semiannually,  and summary data  of  SF 295  annually, to the
procurement  office  and the OSDBU within 30 days of the reporting
period.   The reports will be reviewed by  the  contracting officer
and OSDBU for  progress in meeting  subcontracting  plan goals by
comparing the reports  with  the plan.

Instances where percentage  goals are yet  met,  the contractor must
be  required  to explain the shortfall in the "Remarks" block on the
                                39

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subcontracting reports.  In addition, the contractor should submit
evidence  of   its  outreach   efforts   to  locate   and  provide
subcontracting opportunities to  small  and disadvantaged business
concerns.

     a.   Delinquent  Reports.     The   contracting  officers  must
notify, in writing, any contractor who fails to submit SF 294 and
SF 295 reports within 10 calendar days  after the due date.  If the
contractor fail to respond to  the first notice,  a second written
notice  must  be  issued, by certified   mail,  which provides  the
following information:

          (1)  A  statement that  the  named report  has  not  been
               received;

          (2)  A statement that failure to submit the report is a
               material breach of the contract;

          (3)  A  statement that  if  the  report  is not received
               within 10 calendar days from the date of the notice,
               the contracting officer will  consider withholding
               payments as deemed appropriate under the
               circumstances until the  report  is received, and may
               terminate the contract for default;

          (4)  A reminder  that failure to submit the  report may
               affect  the  contractor's  ability to receive future
               awards  from the EPA and that willful  failure to
               perform  or  a history  of  failure  to perform  may
               result in debarment from future contracting with the
               Government; and

          (5)  The address of the contracting officer to whom the
               reports  shall be sent.

Copies  of  delinquency  notices concerning  SF  294 or  295 reports
shall be sent to the Director,  OSDBU.

10.  Final  Performance Assessments   -  (Individual  Contractor
Achievements).  Upon contract completion, the contracting officer
shall submit  a  report  documenting, evaluating, and  advising the
OSDBU on  the contractor's performance under  the subcontracting
plan.  The report shall include:

          (1)  The extent to which goals were met;

          (2)  Whether  the contractor's efforts  were  consistent
               with the effort proposed in the plan; and
                                40

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          (3)  Whether the contractor required its subcontractors
               to adopt  similar subcontract plans as required by
               FAR 19.706.

EPA Achievement Report.  OSDBU shall prepare a consolidated annual
achievement report of established subcontracting goals. The report
shall be  forwarded to the Administrator for the Small Business
Administration  by December  31st for  the  preceding  fiscal  year
ending September 30th.

For   more  information   regarding  the   Agency's  Preferential
Procurement Programs, please contact:
                       Leon H. Hampton/ Jr.
                  Director/OSDBU  (703)  305-7777
                         EPA Headquarters
                               or
                         Margie A. Wilson
                      Senior Program Manager
                         EPA Headquarters
                          (703) 305-7305
                           Jerry Dodson
            Small  and  Disadvantaged  Business Specialist
                            EPA RTF, NC
                          (919) 541-2249
                           Norman White
            Small  and Disadvantaged Business  Specialist
                        EPA Cincinnati, OH
                          (513) 366-2024
                                41

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APPENDIXES

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                                                                                                        ffi
 &EPA
                    Record of Procurement  Request Review
To:.
             V.il&on,  OSDbL
                                                      Procurement Control No.
                                                                                  Date
                                                                                   Karch  1,
 Ascription
   Technical  Support  for  the  Statistical  Policy  brar.ch  for  Lr.vironment&lly
   Related Statistical  and  Anaivtical  Issues
SIC or Program Element No. (Use SIC Code in RFP/IFB)
                                Estimated Value of Total Procurement
                                    t3,5GO,000.00
                                                                            Source List Is Enclosed
                    Part 1 — Small Business and Labor Surplus Area Concerns Set-Aside Recommendation
 A. LJ  Pursuant to FAR Parts 19 and 20 and Environmental Protection Agency Acquisition Regulation 1519.201,
       and in accordance with  criteria set forth in the Small Business Act of 1958 (Public Law 85-536. as
       amended), I recommend that this procurement be set aside for the award of contracts to small business and
       labor surplus area concerns in the following priorities (in descending order):
     LJ 1. Labor Surplus Area Concerns — SB (total set-asides) LJ 3. SB Concerns (partial set-asides)
         2. SB Concerns (total set-asides)
                                                 4. Labor Surplus Area Concerns (totalset-asides)
                             Estimated Value of Set-AsideS
 B. D I find that for the following reason(s), the Small Business and Labor Surplus Area Concerns Set-Asides
       procedures are unsuitable for fulfilling this requirement:
      I—I 1. JOFOC Attached                           LJ 5. Within the capability of large business only, as recommended by initiatoi
      LJ 2. Insufficient Competition                     LJ 6. Emergency Procurement (Specie/)
      LJ 3. GSA Stores Stock                          LJ 7. 8(a) procedures will be used
      D 4. Federal Supply Schedule                     D Other (Specify)
   tall Business Specialist (Signature)
                                                                                  Date
                                                                                    •?  /
                                       Part II — Action by Contracting Officer
   fit. I approve the aforementioned recommendation.
   I	I I do not concur with the aforementioned recommendation because:
 Contracting Officer (Signature)
ading Officer (Sigi
3%v J".', Y
                     Part IrM- Action of Review Authority by Small Business Administration Representative
Date
  3/yVc)
   LJ I concur with the Contracting Officer's action
   Q I do not concur, and request supension of action on this procurement pending appeal under FAR subpart 19.505
 Small Business Administration Representative (Signature)
                                                                                       Date
                            Part IV — Action of Review Authority by Head. Contracting Activity
   LJ Small Business and Labor Surplus Areas Set-Asides shall be used.
   LJ Small Business and Labor Surplus Areas Set-Asides shall not be used.
. *ad. Contracting Activity (Signature)
11 An M
>Viuf< p IrVVN
Date
 EPA Form 1900-37 (Rev. 4-85) Previous editions are obsolete.
                                                                                  "'SMALL BUSINESS SPECIALIST
                                                 42

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             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Srrm 1 1  Business Administration
1441 L Street, N.W.
Washington, O.C.  20416

Gent Iemen:

     It is requested that  the enclosed procurement request and
statement of work associated with  RFP No. W900332-A3 be evaluated
for clearance under section 8(a) of the Small Business Act.

     Request permission for the Agency to negotiate with:

          Vigyan Research  Associates, Inc.
          30 Research Drive
          Hampton, VA  23666
          President:  Dr.  Sudhir Mehrotra

     Public solicitation for this  procurement has not been issued
to the small business community, as a small business set-aside
and the procurement cannot reasonable be expected to be won by an
eligible 8(a) concern under normal competitive means.

     Should any additional information be required, contact the
undersigned by phoning (20) 382-3246.

Sincerely,
Cheryl R. Nelson
Contracting Officer
ADP Procurement Section
(PM214F)

Enclosures

 c:  Margie Wilson

cc:  SBA
     Attn:  Ernestine Beltonn
            Federal Building
            400 N. 8th Street
            Richmond, VA  23240
                              43

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                                       FAC84—58    JULY 23,1990                           ,7j


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                                         *U.S.  Government Printing Office  :  1992 -  312-014/40159                        .

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