TREASURY DIRECTIVE 12-82

DATE: July 1, 2024

SUBJECT: Delegation of Authority for Treasury Small Business Programs

  1. PURPOSE. This Directive establishes policy and assigns responsibilities regarding oversight for carrying out the requirements of the Small Business Act (“the Act”) and delegates those roles and responsibilities within the Department.
  2. SCOPE. This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury (“Treasury” or “the Department”), including the offices of Inspectors General within the Department. The provisions of this Directive shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspectors General.
  3. POLICY. It is the policy of the Department to maximize opportunities where practical for small businesses, including 8(a) program participants; economically disadvantaged women owned small businesses; women-owned, veteran-owned and service-disabled veteran-owned small businesses; and small businesses located in Historically Under-utilized Business Zones (HUBZones).
  4. BACKGROUND. The Act provides for various preferences for and assistance to small businesses, and requires the establishment of an Office of Small and Disadvantaged Business Utilization (OSDBU) in each Federal agency to manage small business programs.
  5. RESPONSIBILITIES.
    1. The Director of OSDBU, who reports to the Deputy Secretary, shall:
      1. 1) Provide leadership, planning, policy, and general oversight of the Departmental Small Business Programs (SBP).
      2. 2) Consult with the Small Business Administration (SBA) to ensure the effective implementation of the Small Business Act in Treasury’s procurement programs.
      3. 3) In consultation with the Senior Procurement Executive, the Assistant Secretary for Management, and the SBA, establish annual Departmental goals for prime contracts awarded to small businesses, HUBZone small businesses, small disadvantaged businesses, women-owned small businesses, and service disabled veteran-owned small businesses.
      4. 4) Establish goals for subcontracting awards to small, small disadvantaged, women-owned small businesses, HUBZone businesses, and service-disabled veteran-owned small businesses. While there is no statutory goal for prime and subcontract awards to veteran-owned small business concerns, federal agencies are required to collect award data.
      5. 5) Ensure Departmental Offices’ and Department-wide compliance with responsibilities assigned to Heads of Bureaus in this Directive.
    2. The Bureau Heads are responsible for attainment of their SBP goals and shall:
      1. 1) Appoint, in consultation with the Director of OSDBU, a Small Business Specialist (SBS) to undertake the daily responsibilities for operation of the SBP within the Bureau. Heads of Bureau field offices are responsible for ensuring that the small business program is appropriately staffed and monitored at their field procurement offices.
    3. Small Business Specialists shall:
      1. 1) Review and coordinate unrestricted acquisition strategies and market research summary reports for actions in accordance with the Department of the Treasury Acquisition Procedures that could be set-aside for small business, monitor and track consolidation and bundling actions, and review all proposed prime contractors’ subcontracting plans, using the standardized sub- contracting review checklist, prior to submitting the plan to the OSDBU for concurrence and the SBA Procurement Center Representative (PCR) for review.
      2. 2) Serve as the Bureau’s primary contact for small business matters.
      3. 3) Coordinate with stakeholders to ensure objectives are fully integrated into the Bureau’s broad procurement program.
      4. 4) Assist contract specialists and Contracting Officers to identify small businesses and underserved sources for particular acquisitions.
      5. 5) Report any small business contractor performance problems identified by the Contracting Officer promptly to the Director, OSDBU.
      6. 6) Provide reports and other information to the Director, OSDBU, as required, regarding Bureau small business program performance.
  6. AUTHORITIES.
    1. The Small Business Act, 15 U.S.C. 644(g)
    2. Treasury Order 101-05, “Reporting Relationships and Supervision of Officials, Offices and Bureaus, and Delegation of Certain Authority in the Department of the Treasury.”
    3. Small Business Jobs Act 2010
    4. FAR Part 19 Small Business Programs
    5. FAR 8.002, 8.003, 8.004
  7. REFERENCES.
    1. OMB Memorandum M-24-01, Increasing the Share of Contract Dollars Awarded to Small Disadvantaged Businesses for Fiscal Year (FY) 2024 and in Subsequent FYs (October 25, 2023)
    2. OMB Memorandum M-23-11, Creating a More Diverse and Resilient Federal Marketplace through Increased Participation of New and Recent Entrants (February 17, 2023)
    3. OMB Memorandum M-23-01, Increasing the Share of Contract Dollars Awarded to Small Disadvantaged Businesses (October 4, 2022)
    4. OMB Memorandum M-22-03, Advancing Equity in Federal Procurement (December 2, 2021)
    5. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (January 20, 2021)
    6. Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (February 16, 2023)
  8. OFFICE OF PRIMARY INTEREST. Office of Small and Disadvantaged Business Utilization and the Office of the Assistant Secretary for Management.

 

/S/
Anna Canfield Roth
Assistant Secretary for Management