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Office of Small and Disadvantaged Business Utilization
Strategic Sourcing Waiver for Small Business
This provides procedural guidance for how and when to invoke the Strategic Sourcing Small Business Waiver, which is a legitimate exception to using the contractors identified under the HHS Strategic Sourcing portfolio. A waiver request may be initiated by the contractor, the Contracting Officer/Contract Specialist, a Program Officer or the Small Business Specialist. However, it is the responsibility of the HHS contractor to provide and certify the truthfulness and accuracy of the data they submit on the waiver request form. The Program Officer or the Contracting Officer/Contract Specialist is responsible for collecting the data from the contractor.
The following parameters must exist before applying for a waiver:
- Waivers shall only be approved on requirements that are held by Large Businesses. Waivers will not be approved on requirements that are held by Small Business contractors.
- Contractors that apply must currently hold or have held within the last 24 months (from date of waiver application) some type of contractual vehicle at HHS.
- The dollar value of the requirement(s) that the small business is or was performing for HHS must be 25 percent or more of its most recent annual gross sales (including those of its affiliates). For a multi-year requirement, the dollar value of the last 12 months of the requirement will be used to determine whether a small business would be adversely impacted. The dollar value must be applied only to the product/service area under which the contractor is applying for a waiver.
- Contractor documentation will be forwarded to the Small Business Specialist (SBS) co-located in the Operating Division. The SBS will review the documentation submitted and perform a cross-check against the Departmental Contract Information System (DCIS) to ascertain the accuracy of the data. Should any inconsistencies arise in the data review; a final decision will be rendered by the OSDBU Director. The SBS will sign-off on the waiver form.
- The waiver will be approved for a six (6) month period of time from the date of determination/final decision. The SB waivers will be posted on the OSDBU website, as well as, the Strategic Sourcing website. Once a waiver is approved, any Operational Division within HHS may use the waiver.
- The contractor is responsible for tracking their dollars spent during that six (6) month time period. When the waiver expires, the contractor will have to resubmit their documentation and recertify as to the truthfulness and accuracy of their data at that time; if they wish to obtain a new waiver.
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