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OFFICE OF MANAGEMENT AND BUDGET
OFFICE OF FEDERAL PROCUREMENT POLICY
OFPP Policy Letter 99-1 on Government-Wide Small Business, HUBZone Small Business,
Small Disadvantaged Business, and Women-Owned Small Business Goals for Procurement
Contracts
AGENCY: Executive Office of the President, Office of Management and Budget (OMB), Office of
Federal Procurement Policy (OFPP).
ACTION: Notice of proposed policy letter.
SUMMARY: OFPP is requesting comments on proposed OFPP Policy Letter 99-1. This letter
contains guidance on implementing government-wide goals for procurement contracts awarded to small
businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small
businesses. The Policy Letter also provides guidance on reporting requirements that will help the Small
Business Administration (SBA) determine whether executive agencies are reaching these goals. This
Policy Letter, when issued in final, will supersede OFPP Policy Letter 91-1.
COMMENT DATE: We must receive comments on or before June 1, 1999.
ADDRESS: Send your comments to Deidre A. Lee, Administrator, Office of Federal Procurement
Policy, Old Executive Office Building, Room 352, Washington, DC 20503. Send e-mail comments to
Keith Coleman at kcoleman@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Keith Coleman at 202-395-7209 or Linda
Williams at 202-395-3302.
SUPPLEMENTARY INFORMATION: We issued an earlier Policy Letter, 91-1, entitled
"Government-Wide Small Business and Small Disadvantaged Business Goals for Procurement
Contracts" on March 11, 1991. That policy letter addressed sections 502 and 503 of the Business
Opportunity Development Act of 1988. Section 502 establishes government-wide goals for contract
awards to small business concerns and small disadvantaged businesses. Section 503 requires the
President to include the agencies' actual goal achievements in the "State of Small Business" report. The
report also includes an analysis of an agency's failure to achieve the goals, and the number and dollar
value of prime contracts awarded to small firms through noncompetitive negotiated procurements,
restricted and unrestricted competitions, and information on subcontract awards.
We need to issue this new policy letter because of statutory changes made in 1994 and 1997. Section
7106 of the Federal Acquisition Streamlining Act of 1994 (FASA) establishes a 5 percent
women-owned small business goal. Section 603 of the Small Business Reauthorization Act of 1997
increases the annual government-wide goal for prime contract awards to small business concerns from
not less than 20 percent to not less than 23 percent. The Act also adds a 3 percent HUBZone small
business goal phased-in over the next 5 years.
This Policy Letter, when issued in final, will supersede OFPP Policy Letter 91-1. This proposed Policy
Letter supports the Small Business Administration's (SBA) policies of establishing its own guidance on
the new goals, establishing with each agency mutually acceptable prime contract goals for awards made
under section 8(a) of the Small Business Act, and using procurement data in the Federal Procurement
Data System to measure accomplishments rather than requiring agencies to provide this information in
separate reports.
We request comments on the proposed policy letter.
Deidre A. Lee
Administrator
Dated: March 29, 1999
POLICY LETTER 99-1
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Government-Wide Small Business, HUBZone Small Business, Small Disadvantaged
Business, and Women-Owned Small Business Goals for Procurement Contracts.
1. Purpose. This Policy Letter provides guidance to Executive branch departments and agencies on
government-wide goals for procurement contracts awarded to small businesses, HUBZone small
businesses, small disadvantaged businesses and women-owned small businesses ("small businesses"). It
also provides guidance on reporting requirements that will help the Small Business Administration (SBA)
determine whether agencies are reaching these goals.
2. Supersession Information. This Policy Letter replaces OFPP Policy Letter 91-1,
"Government-Wide Small Business and Small Disadvantaged Business Goals for Procurement
Contracts," dated March 11, 1991.
3. Authority. This policy letter is based on the Small Business Act, the Office of Federal Procurement
Policy Act, the Business Opportunity Development Reform Act of 1988, the Federal Acquisition
Streamlining Act of 1994, and the Small Business Reauthorization Act of 1997.
4. Background. The Small Business Act requires executive agencies, in consultation with SBA, to
develop annual goals for contract awards to small businesses. SBA monitors agency performance and
reports their achievements to the President. The Office of Federal Procurement Policy Act, 41 U.S.C.
405, empowers the Administrator for Federal Procurement Policy to prescribe government-wide
procurement policies.
The Business Opportunity Development Reform Act establishes government-wide goals for small
businesses and small disadvantaged businesses and requires the President to include the agencies' actual
goal achievements in the "State of Small Business" report. The report must also include an analysis of
any failure to achieve the goals, and the number and dollar value of prime contracts awarded to small
businesses through noncompetitive negotiated procurements, restricted and unrestricted competitions,
and information on subcontract awards. The Federal Acquisition Streamlining Act of 1994 (FASA)
establishes a 5 percent women-owned small business goal. The Small Business Reauthorization Act of
1997 (SBRA) adds a 3 percent HUBZone small business goal phased-in over the next 5 years. It also
increases the annual government-wide goal for prime contract awards to small business concerns to not
less than 23 percent.
In March 1991, the OFPP issued Policy Letter 91-1 to implement government-wide goals for small
businesses and small disadvantaged businesses. This proposed Policy Letter includes the guidance from
Policy Letter 91-1, and also implements the more recent statutory provisions of FASA and SBRA.
This proposed Policy Letter also supports the Small Business Administration's (SBA) policies of
establishing its own guidance on the new goals, establishing with each agency mutually acceptable prime
contract goals for awards made under section 8(a) of the Small Business Act, and using procurement
data in the Federal Procurement Data System to measure accomplishments rather than requiring
agencies to provide this information in separate reports.
5. Policy. Prior to the beginning of each fiscal year, the SBA will mutually establish with each agency
goals for participation by small business, small disadvantaged business, HUBZone small business, and
women-owned small businesses. The agencies' cumulative goals shall count toward accomplishment of
the government-wide goals.
6. Goals.
a. The government-wide small business goal is not less than 23 percent of the total value of all prime
contracts awarded for the fiscal year. This includes all the goals for the specific categories of small
business.
b. The following table lists the specific goals for small disadvantaged and women-owned small
businesses.
The goal for... |
is... |
small disadvantaged business prime contracts |
not less than 5 percent of the value of all prime
contract awards. |
small disadvantaged business subcontracts |
not less than 5 percent of the value of all subcontract
awards. |
women-owned small business prime contracts |
not less than 5 percent of the value of all prime
contract awards. |
women-owned small business subcontracts |
not less than 5 percent of the value of all subcontract
awards. |
c. The following table lists the specific goals for HUBZone small businesses.
For FY... |
the percentage goal is at least... |
1999 |
1 percent of the value of all prime contract awards |
2000 |
1.5 percent of the value of all prime contract awards |
2001 |
2 percent of the value of all prime contract awards |
2002 |
2.5 percent of the value of all prime contract awards |
2003 and after |
3 percent of the value of all prime contract awards |
d. There is no specific statutory requirement to establish goals for awards made pursuant to section 8(a)
of the Small Business Act. However, agencies must mutually establish with SBA acceptable goals for
awards to 8(a) firms.
e. Agencies may count prime contract awards to small businesses toward more than one goal. Prime
contract awards to small businesses, women-owned small businesses, small disadvantaged businesses,
8(a) firms, and HUBZone small businesses count toward the government-wide small business goal.
7. Responsibilities.
a. Agency Responsibilities
(1) Each department or agency must negotiate annually in good faith with the SBA to establish its
specific goals for small business, woman-owned small business, small disadvantaged business,
HUBZone small business, and 8(a) firms. These goals should provide the maximum practicable
opportunity for all these types of small businesses to participate in contracts let by the agency. SBA's
annual guidance on establishing small business goals, entitled "Guidelines on Goals Under Procurement
Preference Programs," covers the goal-setting process.
(2) At the end of the fiscal year, agencies must submit a narrative report to SBA analyzing its
achievements and any failures to achieve its small business goals for the year. The report must also
include plans for improving performance in the next year.
(3) Agencies must ensure that their prime and subcontract data in the Federal Procurement Data System
is accurate and complete in order to measure their small business goal accomplishments.
b. SBA Responsibilities
(1) Prior to the beginning of each fiscal year, the SBA will work with each agency to establish mutually
acceptable goals for the different categories of small business.
(2) SBA must ensure that the mutually established cumulative goals for all agencies meet or exceed the
government-wide small business goal of 23 percent.
(3) SBA must compile and analyze agencies' achievements against their individual small business
procurement goals and report the results to the President.
(4) SBA will use data in the Federal Procurement Data System to determine:
(i) agencies' success in reaching their procurement goals for prime and subcontracts;
(ii) the number and dollar value of prime contracts awarded to small business concerns, HUBZone small
business concerns, small disadvantaged business concerns, and women-owned small business concerns
through:
- noncompetitive negotiation,
- competition restricted to small disadvantaged business concerns,
- competition restricted to small business concerns and HUBZone small business concerns, and
- unrestricted competitions;
(iii) the dollar value of subcontracts awarded to small business concerns, HUBZone small business
concerns, small disadvantaged business concerns, and women-owned small business concerns.
8. Information Contact. Direct any questions regarding this Policy Letter to Linda Williams
(202-395-3302) or Keith Coleman (202-395-7209).
9. Effective Date. The Policy Letter is effective 30 days after issuance.
Deidre A. Lee
Administrator
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