Small Business First

February 26, 2021
Good Morning,
I am forwarding a message that was originally sent in the February SCM Newsletter in addition to providing information from UCOP.
Please distribute this email to anyone who may be interested in this information.
As of March 1, 2021, all non-construction UC contracts and procurements between $10,000 to $250,000 that cannot be procured via an existing strategically-sourced agreement must be awarded to a Small Businesses (SBs)/Microbusinesses (MBs) or Disabled Veteran Business Enterprises (DVBEs), wherever practicable.
Small Business First Program
SCM is pleased to announce that implementation of a new Small Business First Program coming Spring 2021!
This program is committed to providing contracting and procurement opportunities for Certified Small Businesses.
Some benefits of this program include:
  • Being an informal solicitation process that requires only one (1) quote for purchases below $100,000 and only two (2) quotes for procurements above $100,000 as well as a simplified procurement process for all non-construction/non-federally funded UC contracts and procurements between $10,000 to $250,000 that cannot be procured using an existing agreement or catalog.
  • Ability to attach two (2) quotes from Certified Small Businesses which would waive the Source Justification.
More details and information can be found at the website below:
Please note that in light of this upcoming program, continued use of catalogs and contracted suppliers in BearBuy are encouraged regardless of Small Business/Disabled Veteran Business Enterprise certification status.
For assistance with these procurements, please contact your department buyer: https://supplychain.berkeley.edu/procurement/find-your-buyer

Small Business First Waiver

There are instances where the Small Business First program may not be feasible, or when contracting with businesses other than a certified SB/MB/DVBE is justified. Examples include, but are not limited to:
  • Industries where at least two (2) SBs/MBs or two (2) DVBEs are not available; 
  • Business needs that dictate requirements that cannot be met by a SB/MB/DVBE.
In these situations, the Small Business First Waiver (pdf) must be approved by the appropriate Policy Exception Authority prior to making a purchase or establishing a contract with a company that is not a SB/MB/DVBE.

Exemptions

These agreements are exempt from the Small Business First policy and do not require a waiver:
  • Purchases that are sole source, unique professional services, and emergency in nature
  • Purchases through existing strategically-sourced agreements
  • Federally funded purchases
  • Design and construction*
  • Interagency agreements
  • Federal/local government agreements
  • Research sub-awards
  • Higher education institution agreements
  • Concessions
  • Revenue/reimbursement contracts
  • Medical and patient care contracts
  • Statutorily-exempt, policy-exempt, emergency, proprietary, and/or local assistance/subvention procurements
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