MEMORANDUM OF UNDERSTANDING
between the
U.S. SMALL BUSINESS ADMINISTRATION
and the
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
I . PURPOSE
The purpose of this Memorandum of Understanding (MOU) between the U.S. Small Business Administration (SBA) and the U.S. Department of Health and Human Services (HHS) (the parties) is to outline strategies for increasing the participation of Women-Owned Small Businesses (WOSB) in Federal procurement. HHS and SBA support the Federal Acquisition Streamlining Act of 1994 (P.L. 103-355)(FASA) which established the Government-wide goal for participation by small business concerns owned and controlled by women at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year.
II. BACKGROUND
On October 13,1994, President Clinton signed FASA into law. This landmark legislation established the Government-wide goal for participation by small business owned and controlled by women at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year.
FASA stated that WOSB are to participate in Federal procurement opportunities, and that WOSB should get part of the approximately $200 billion in annual Federal procurements. FASA created a government-wide responsibility to meet the five percent procurement goal for women, based on the total value of all Federal prime and subcontract awards in each fiscal year. FASA also challenged large government prime contractors to formulate plans to increase subcontracting opportunities to WOSB.
The Small Business Act requires SBA and each Federal agency to set annual prime and subcontracting goals for small businesses, small businesses owned by socially and economically disadvantaged individuals, women-owned small businesses, and qualified HUBZone small business concerns. (15 U.S.C. § 644(g)(I).)
III. OBJECTIVE
SBA and HHS agree to cooperate in this MOU to increase the participation of WOSB in prime and subcontracting opportunities at HHS. This partnership will maximize the use of HHS and SBA resources and provide greater program recognition for results achieved.
HHS and SBA support achievement of HHS FY 1999 Procurement Preference Goals which include a performance goal to award five percent of the total dollar value of HHS contracts to WOSB.
IV. RESPONSIBILITIES
HHS Responsibilities Under the MOU:
1. HHS has appointed a Women's Business Advocate, who serves as the direct - liaison to the women-owned business community and aggressively encourages the expanded participation of WOSB throughout all procurement opportunities. The Advocate works to raise the visibility of women-owned business in day-to-day procurement activities and closely monitors the achievement of the five percent goals.
2. HHS Office of Small And Disadvantaged Business Utilization (OSDBU) will develop an awards program, with support by SBA, to recognize the buying activity that is the most successful in promoting and awarding WOSB contracts and subcontracts.
3. HHS Secretary will issue a policy statement emphasizing the importance of maintaining and increasing the five percent goals for WOSB to the nation's economy and equal economic opportunity. HHS will support this policy statement with additional policy statements if achievement of these goals appears at risk.
4. HHS will plan "Women-Owned Business Enterprise Days" for each departmental Operating Divisions (OPDTV). Each OPDIV will commit to sponsoring at least one day a year to focus specifically on WOSB. Each OPDIV will discuss procurement opportunities with WOSB on those specific days.
5. HHS will use SBA's PRO-Net database and its own database to match WOSB with HHS procurement opportunities.
6. HHS will work closely with SBA's Women's Business Centers throughout the country to provide information on HHS programs for WOSB.
7. HHS will request SBA's participation in HHS/OSDBU-sponsored Marketplaces and other outreach activities, as appropriate.
8. HHS will publish a special small business newsletter, focusing on WOSB issues, highlighting WOSB success's stories, and encouraging mentoring between successful WOSB and those just starting out.
9. HHS will actively highlight information on procurement opportunities for WOSB on the HHS/OSDBU web site.
10. HHS will continue to support the Interagency Committee on Women's Business Enterprise and the National Women's Business Council in developing and prompting new initiatives, policies, programs, and plans designed to foster women's business enterprise.
11. HHS will work with SBA to develop procurement subcontracting practices to give greater subcontracting opportunities to WOSB.
SBA's Responsibilities In Support of the MOU:
1. SBA will report regularly to the President and to the Cabinet about the progress of Federal agencies in fostering women's business enterprise in the Federal marketplace and in meeting the five percent goals required by FASA. In the report, SBA will include the status of efforts under the MOU and HHS progress toward the WOSB goals.
2. SBA will offer formal government and press recognition of this MOU. SBA will coordinate and distribute information announcing HHS strategic steps to implement this MOU. In addition, SBA will work with HHS to develop an awards program to recognize the HHS OPDIV that most successfully promotes and awards WOSB contracts and subcontracts.
3. SBA will link its Internet web site-to the HHS/OSDBU web site.
4. SBA will assist HHS use PRO-Net to identify WOSB with products and services that fill HHS acquisition needs.
5. SBA will schedule and facilitate annual performance reviews of this MOU with HHS at the end of each year. These reviews will assess the progress of SBA and HHS in completing their MOU responsibilities.
6. SBA will support training programs held by HHS for WOSB, as requested, subject to the availability of funds. Training programs for WOSB will respond to the needs of WOSB, and will, among other things, provide assistance and advice to WOSB on marketing strategies and on doing business with the federal government.
7. SBA will be a primary resource for HHS in continuing discussions on how to achieve WOSB goals. The Program Manager for the WOSB Procurement Program will be the primary point of contact from the SBA.
8. SBA, through its Office of Women's Business Ownership, will establish and maintain a list of women's business associations and organizations for HHS use, upon request, in supporting wide distribution of procurement information.
V. TERM
This MOU is in effect for two years from the date of execution, and may be renewed by written agreement of SBA and HHS.
VI. TERMINATION
This MOU may be terminated by either party on 30 days written notice to the other party.
VII. RESPONSIBLE OFFICIALS
SBA:
Judith Roussel
Associate Administrator for Government Contracting
202-205-6460
HHS:
Debbie Ridgely
Director, OSDBU
202-690-7235
VIII. SIGNATURES:
The parties signing below accept the terms of this MOU.
/s/
Donna E. Shalala
Secretary
U.S. Department of Health and Human Services
/s/
Aida Alvarez
Administrator
U.S. Small Business Administration