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Small Business Regulatory Enforcement Fairness Act (SBREFA)

Published Jan. 31, 2024

Updated: Feb. 1, 2024

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As a small business contractor, if you feel you have been unfairly treated, read and follow the steps below regarding regulatory enforcement fairness.

REGULATORY ENFORCEMENT FAIRNESS

USACE Step-by-Step Resolution Process for Unfair Regulatory Enforcement

Pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA), The Great Lakes and Ohio River Division District Office of Small Business Programs is committed to successfully mitigating concerns between USACE and small business contractors. Inquiries may include excessive enforcement actions such as repetitive audits and investigations, and unreasonable fines, penalties, threats, retaliation, or other unfair actions. USACE offers the following chronological, streamlined process to expedite a mutually beneficial resolution for small businesses.

This act makes small businesses aware of their right to pursue relief through the Small Business Administration under the SBREFA of 1996 on matters such as excessive regulatory compliance, improper procurement procedures and other impediments to small businesses.

Small Business Regulatory Enforcement Fairness Act of 1996 Summary of SBREFA

Step 1: Contractors should first contact the local district Small Business Professional (SBP). You can find your respective district in the contact tab.

Step 2: If the contractor inquiry is not addressed within 30 days in Step 1, the contractor should elevate their concern to the Division Assistant Director of Small Business (AD) at: sbo-lrd@usace.army.mil.

Step 3: If the contractor inquiry is not addressed within 30 days in Step 2, the contractor should contact, HQ USACE Office of Small Business Programs, at small-business-hq@usace.army.mil with the following information:

Include “SBREFA Inquiry” in the subject heading
Contractor name and contact information
USACE contract or solicitation number
USACE District/Center location
Names of USACE employees the contractor previously contacted
Brief description and current status of the issue

If you have not received resolution, contact the Office of the National Ombudsman (ONO), U.S. Small Business Administration. Submit an online request for assistance at www.sba.gov/ombudsman/comment or download a printable Federal Agency Comment Form (SBA Form 1993) and submit documentation via email (preferred) to: ombudsman@sba.gov mail, or fax: (202) 481-5719, mail: Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, S.W., Mail Code 2120, Washington, D.C., 20416

For additional information reference:
https://www.sba.gov/sites/default/files/files/Ombudsman_FS_FAQ_01162015-1.pdf

or www.sba.gov/ombudsman

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The Corps of Engineers attempts to solicit competitive requirements for commodities, services, and construction above $25,000 through the System for Award Management (SAM). SAM.gov is the official “Governmentwide point of entry” for all public notices. The office codes for the Great Lakes and Ohio River Division districts are:

Buffalo (LRB): W912P4
Chicago (LRC): W912P6
Detroit (LRE): W911XK
Huntington (LRH): W91237
Louisville (LRL): W912QR
Nashville (LRN): W912P5
Pittsburgh (LRP): W911WN

EFT and SAM Requirements

All contractors/vendors doing business with the Department of Defense (DoD) agencies must be registered in the System for Award Management (SAM). Registration and completion of the representation and certification requirements in SAM are available at https://sam.gov. Please ensure your annual SAM registration is current. Of note, SAM is completely free of charge for both registrants and users. Regularly check SAM for acquisition updates.

Micro-purchases

To streamline the procurement process, the Great Lakes and Ohio River Division utilizes the Government Purchase Card for micro-purchases. In accordance with FAR 2.101, the micro-purchase threshold is $10,000 except for construction which is $2,000 and services which is $2,500. The card is an internationally accepted VISA credit card issued by U.S. Bank System and bears the legend “For Official Government Use Only” and “U.S. Government Tax Exempt.”

American Recovery And Reinvestment Act (ARRA)

Recipients that received contracts with ARRA funds are subject to recipient reporting. All recipients will report via www.FederalReporting.gov. Training is available at this website on the information required and how to file the reports.

Important Notice

The Department of Defense has mandated that paperless contracting be in place for all acquisition types. Vendors are encouraged to accept government purchase cards and registered in SAM to maximize business opportunities.

Click here to view more information about contracting security requirements.

Contracting Opportunities Forecast

The U.S. Army Corps of Engineers (USACE) Great Lakes & Ohio River Division (LRD) aims to provide businesses with transparent and accurate contract information to help you plan ahead. This forecast covers all seven districts and is updated quarterly.

You can find all solicitations on SAM.gov. If you want to work with LRD, you need to register your entity on SAM.gov.

Specification Development

Unified Facilities Criteria (UFC)

The Unified Facilities Criteria (UFC) system is prescribed by MIL-STD 3007 and provides planning, design, construction, sustainment, restoration, and modernization criteria, and applies to the Military Departments, the Defense Agencies, and the DoD Field Activities in accordance with USD (AT&L) Memorandum dated 29 May 2002. UFC will be used for all DoD projects and work for other customers where appropriate.

Unified Facilities Guide Specifications (UFGS) Master

The Unified Facilities Guide Specifications (UFGS) Master complies with UFC 1-300-02. The UFGS are a joint effort of the U.S. Army Corps of Engineers (USACE), the Naval Facilities Engineering Systems Command (NAVFAC), and the Air Force Civil Engineer Center (HQ AFCEC). UFGS are for use in specifying construction for the military services. The UFGS are published only in electronic format and updated and released quarterly in February, May, August, and November. The latest UFGS Master is available to download from the Whole Building Design Guide (WBDG).

Division 01 specifications, used for administrative requirements on projects, will be provided by the USACE Technical Lead at project start.

SpecsIntact Software

The UFGS are intended to be used with SpecsIntact software. SpecsIntact is an automated system for preparing standardized facility construction specifications used worldwide by USACE. Architectural Engineering firms tasked with specifying construction for USACE are required to utilize the program throughout project lifecycle. The latest version of SpecsIntact is available to download from the WBDG. SpecsIntact provides automated functions and built-in quality assurance reports that allow users to adapt standardized facility construction specifications to fit their projects and assure quality control for project specifications from beginning to end.

Additional Resources

Support services, eLearning modules, and printable guides can be found at the SpecsIntact Support & Help Center site.

Indefinite Delivery Indefinite Quantity (IDIQ) Contract List

The U.S. Army Corps of Engineers (USACE) Great Lakes & Ohio River Division (LRD) aims to provide businesses with transparent and accurate contract information.

Click the link above to find the Indefinite Delivery Indefinite Quantity (IDIQ) chart listing contracts and the contract holders within the Great Lakes & Ohio River Division for companies interested in subcontracting opportunities.

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