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eVA Home > Frequently Asked Questions > SWaM - DMBE - Certified Small Business

 

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Set-Asides and Certified Small Business

 

Frequently Asked Questions & Answers      

 

1. Should agencies contact women and minority-owned vendors to communicate the need to additionally certify as DMBE-certified small businesses? 10.  Does the mandate of 3.10g (1) apply to over-the-counter SPCC purchases? If so, what recommendations would DPS make for procurement of commodities for which no local vendors are DMBE certified small businesses and the over-the-counter procurement is the most efficient and economical method for fulfilling an urgent (but not emergency) business need?
  2. If a procurement is not set-aside for DMBE-certified small businesses and DMBE-certified small businesses respond to the solicitation, how should the solicitation be awarded? 11. For eVA Quick Quote solicitations, the Quick Quote is automatically sent to all premium vendors registered for the commodity code(s) contained in the solicitation, and the buyer cannot deselect any premium vendors. Accordingly, Quick Quotes for solicitations set-aside for DMBE-certified small business will be sent to the entire list of premium vendors including those that are not DMBE certified small businesses. Will changes be made to eVA Quick Quote allowing the buyer to send the Quick Quote to DMBE certified small businesses only?
  3. If you know through historical data that certain commodities do not generate enough competition to set-aside a procurement, above $5,000 up to $50,000, is documentation needed each time to declare a non-set-aside? 12. Are the purchases which are excluded from competitive requirements under APSPM 1.5(b) and those excluded from eVA under 14.9(b) also excluded from the set-aside requirement for purchases up to $50,000?
  4. Can portions of procurements be set-aside? 13. Are hard copies of the APSPM available and are the references to the chapter changes available as well?
  5. If the minimum of six DMBE-certified small businesses are not available for procurements over $50,000, can the procurement be set-aside? 14. Regarding the set-aside process. Currently as Quick Quotes are issued in eVA, e-mail notifications are sent to all vendors registered under the commodity code selected. eVA does not block vendors who are not DMBE-certified small businesses from responding to a set-aside. Therefore, responses are received by vendors who are not DMBE-certified small businesses. The summary of Quick Quotes may then show that a non-DMBE-certified small business as the lowest quote and the lowest quote from a vendor who is a DMBE-certified small business may not be fair and reasonable. In this scenario does the buyer then remove the set-aside and re-solicit or can they award to the non-small business?
  6. Where can buyers find vendors with DMBE small business certification status? 15. A disparity occurs sometimes when searching for DMBE-certified small businesses between eVA and DMBE. A search in eVA by commodity code may give the name of a vendor who does not show up in DMBE under that commodity code or the same name appearing in eVA. My comment is that adding a search in DMBE by FIN would be a great help to cross reference that a vendor's registration matches.
  7. At what point must a vendor be DMBE-certified in order to receive a set-aside award?      

 

 

 

  8. If a solicitation is set aside, and three bids were received from DMBE-certified small business, however, the prices do not appear to be fair and reasonable, do I award to one of the vendors regardless of the price?      

 

 

 

 

  9.

How do I designate my procurement as a set-aside?

     

 

 

             

1. Should agencies contact women and minority-owned vendors to communicate the need to additionally certify as DMBE-certified small businesses?
 

Yes, Agencies should encourage vendors to register as DMBE-certified small businesses. Currently over 90% of all businesses in VA could be certified as small. DMBE is sending letters to women-owned and minority-owned businesses.

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2. If a procurement is not set-aside for DMBE-certified small businesses and DMBE-certified small businesses respond to the solicitation, how should the solicitation be awarded?

The solicitation would be awarded to the lowest responsive and responsible bidder or highest ranked offeror, unless the procurement is over $50,000 and the “award to other than lowest bidder or highest ranking offeror” (APSPM, Special Term and Condition 7.J or 7.K) has been included. If included, the award may be made to the lowest DMBE-certified small business bidder or highest ranking DMBE-certified small business offeror if the price is fair and
reasonable.

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3.  If you know through historical data that certain commodities do not generate enough competition to set-aside a procurement, above $5,000 up to $50,000, is documentation needed each time to declare a non-set-aside?

No, a blanket justification can be used as documentation for a reasonable period of time (periodic review with sufficient documentation is recommended). The documentation can read, “There is not a reasonable expectation that this agency will receive at least two DMBE-certified small competitive bids or offers because…, therefore, this procurement does not qualify for a set-aside”. Agencies could create a master file for blanket procurement justifications.

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4.  Can portions of procurements be set-aside?

Yes, partial set-asides are allowed. Procurement offices need to be familiar with the marketplace prior to issuing partial set-asides.

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5. If the minimum of six DMBE-certified small businesses are not available for procurements over $50,000, can the procurement be set-aside?

Yes, if the expectation is that at least two (2) competitive bids/offers are expected from DMBE-certified small businesses.
 

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6. Where can buyers find vendors with DMBE small business certification status?  

Via eVA at www.eva.virginia.gov eVA bidders list, and DMBE’s website at www.dmbe.virginia.gov.
 

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7.  At what point must a vendor be DMBE-certified in order to receive a set-aside award?

By the due date for receipt of bid or proposal (i.e., IFB [Invitation for Bid], RFP [Request for Proposal], or Quick Quote) closes.


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8. If a solicitation is set aside, and three bids were received from DMBE-certified small business, however, the prices do not appear to be fair and reasonable, do I award to one of the vendors regardless of the price?

No, if after research, and a written determination has been made that the prices offered are not fair and reasonable (in accordance with APSPM 4.10), the set-aside may be withdrawn and the requirement re-solicited as a non-set-aside.

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9. How do I designate my procurement as a set-aside?

In accordance with APSPM 14.15, Quick Quotes and other procurements that are to be set-aside for DMBE-certified small businesses shall be titled in the “Request Title” field as set-aside in the solicitation by typing in all caps “SET-ASIDE FOR SMALL BUSINESSES, followed by the title of the commodity or service being procured.

Note: Placing a check in the “Set-Aside” checkbox on the Quick Quote header information screen will automatically add properly formatted set-aside text to the beginning of the Quick Quote title. The user checks the box then types the commodity or service in the Quick Quote Title area and eVA will format the Quick Quote accordingly.

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10. Does the mandate of 3.10g (1) apply to over-the-counter SPCC purchases? If so, what recommendations would DPS make for procurement of commodities for which no local vendors are DMBE certified small businesses and the over-the-counter procurement is the most efficient and economical method for fulfilling an urgent (but not emergency) business need?  

Yes, the mandate applies to over-the-counter SPCC purchases. DPS recommends the following actions:

• encourage those small businesses that have not certified as DMBE-certified
small businesses with DMBE to certify by explaining the benefits

set-aside procurements for DMBE-certified small businesses and only do
business with DMBE-certified small businesses to encourage the others to
certify. Note that below $5,000 only one quote from a DMBE-certified small
business is required if the price is fair and reasonable.

only after the above actions have been taken and no DMBE-certified small
business is available, at a fair and reasonable price, then do business with a
non-certified vendor. Document the procurement file.

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11. For eVA Quick Quote solicitations, the Quick Quote is automatically sent to all premium vendors registered for the commodity code(s) contained in the solicitation, and the buyer cannot deselect any premium vendors. Accordingly, Quick Quotes for solicitations set-aside for DMBE-certified small business will be sent to the entire list of premium vendors including those that are not DMBE certified small businesses. Will changes be made to eVA Quick Quote allowing the buyer to send the Quick Quote to DMBE certified small businesses only?

No, changes will not be made. The intent is for all businesses to have visibility of the business opportunities set-aside for small businesses. This approach will encourage the significant number of small businesses that have not certified to do so and allow large businesses to have visibility of opportunities to collaborate with smaller businesses.

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12. Are the purchases which are excluded from competitive requirements under APSPM 1.5(b) and those excluded from eVA under 14.9(b) also excluded from the set-aside requirement for purchases  up to $50,000?

Exclusions listed in APSPM, Sections 1.5(b) and 14.9(b) are excluded from set-aside requirements, except for Sections 14.9(b) (5) relating to petty cash purchases and (17) relating to over the counter charge card purchases that are made at the site of the sale and picked up by the individual card holder.

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13. Are hard copies of the APSPM available and are the references to the chapter changes available as well?

A complete copy of the APSPM or individual chapters including changes can be downloaded from the eVA website, www.eva.virginia.gov - located on the home page, click on the Buyer tab, and APSPM manual.

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14. Regarding the set-aside process. Currently as Quick Quotes are issued in eVA, e-mail notifications are sent to all vendors registered under the commodity code selected. eVA does not block vendors who are not DMBE-certified small businesses from responding to a set-aside. Therefore, responses are received by vendors who are not DMBE-certified small businesses. The summary of Quick Quotes may then show that a non-DMBE-certified small business as the lowest quote and the lowest quote from a vendor who is a DMBE-certified small business may not be fair and reasonable. In this scenario does the buyer then remove the set-aside and re-solicit or can they award to the non-small business?

If after research, and a written determination has been made that the prices offered are not fair and reasonable (in accordance with APSPM 4.10), the set-aside may be withdrawn and the requirement re-solicited as a non-set-aside.

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15. A disparity occurs sometimes when searching for DMBE-certified small businesses between eVA and DMBE. A search in eVA by commodity code may give the name of a vendor who does not show up in DMBE under that commodity code or the same name appearing in eVA. My comment is that adding a search in DMBE by FIN would be a great help to cross reference that a vendor's registration matches.

The DMBE website has been updated to allow searches by company name, SWaM type, NIGP commodity code or description. The database does not allow searches by FIN number.

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