What OSBA Does
The Office of Small Business Assistance (OSBA) serves as the statewide ombudsman for Oregon’s small businesses. Businesses and nonprofits with 100 or fewer employees turn to us when they need help interacting with state or local government agencies.
What does an ombudsman office do? What is an ombudsman? The United States Ombudsman Association, the professional association for public sector ombudsman offices and staff, provides a helpful definition. A governmental ombudsman is “an independent, impartial public official with authority and responsibility to receive, investigate or informally address complaints about government actions, and, when appropriate, make findings and recommendations, and publish reports.”
Being independent, impartial, and objective means an ombudsman is neither an advocate for the complainant nor an apologist for the government agency. In other words, an ombudsman doesn’t take sides.
OSBA investigates small business complaints against Oregon state government agencies. If a small business has an issue with a local government (such as a city, a county, or a transportation district), we can work with that government to resolve the issue informally. However, because of Oregon’s “home rule” provisions that empower local governments to manage their own affairs, OSBA does not investigate complaints against local governments.
If a small business has an issue with a federal agency, that business should reach out to the U.S. Small Business Administration’s Office of the National Ombudsman.
Before contacting OSBA, a small business should consider three important questions that we ask anyone who reaches out to us with a complaint:
1. What is your desired outcome?
In other words, what are you hoping to achieve by reaching out to us? What would you like us to do? We investigate whether an agency administers a program or policy fairly. If you believe the law itself is unfair, unnecessary, or needs changing, you might consider reaching out to your state legislators.
2. What steps have you taken to resolve the problem?
We will not investigate an issue if the “complainant could reasonably be expected to use, or is using, an alternative remedy or recourse for the complaint” [Oregon Revised Statutes 56.206 (2)(a)]. Not only is it the law, but it’s common sense too. Many problems can be resolved with simple communication. This requires persistence, patience, and courtesy.
3. If your complaint is about an administrative decision or action, have you exercised your appeal rights?
OSBA cannot override an agency’s decision, nor can we direct an agency to take a certain action. Know your appeal rights and exercise those rights before the deadline. It’s important that you read carefully everything an agency sends you because notices will include information on deadlines, whom to contact if you have questions, and how to appeal decisions. Our statutes prevent us from investigating a complaint that is the subject of pending litigation or a contested hearing, or one that could lead to a contested case hearing [Oregon Revised Statutes 56.206 (2)(h)]. In other words, until you exhaust your appeal rights, we won’t investigate your complaint.
Businesses looking for help understandably reach out to OSBA for all kinds of reasons. Oftentimes, the kind of help a business needs just isn’t something we can provide. An important part of our work is managing customer expectations about what we can and cannot do. The OSBA website has more information on how we assist small businesses.
Government Contracting Codes
Small businesses trying to enter the world of government contracting will quickly find themselves needing to tell the government what they do, as well as make sure agencies can notify them of relevant opportunities. One of the primary tools businesses and agencies have for accomplishing this is to use NAICS and NIGP codes.
NAICS Codes
The North American Industry Classification System (NAICS) is nationally used and is administered by the US Census Bureau. These codes are used for many things, but one is for federal agencies to categorize small businesses and contracting opportunities. If you want to let federal agencies know what you do, or if you want federal agencies to be able to send you notifications of relevant opportunities, you'll want to select the right codes. Fortunately, you can search for NAICS codes online.
NIGP Codes
Oregon agencies once used NAICS codes, but a recent overhaul in the statewide procurement software changed this. The new procurement system is called OregonBuys, and National Institute of Government Purchasing (NIGP) codes are used by agencies that post bidding information on the OregonBuys platform. Once logged in to OregonBuys, users can select the best NIGP code for their business.
You can get help with NAICS and NIGP codes by reaching out to the Government Contract Assistance Program (GCAP).
Updated Business Guides
Now Online
OSBA has completed its updates of the Oregon Start a Business Guide and the Oregon Employer’s Guide. These resources provide in-depth details about starting a business, hiring employees, understanding obligations as a business owner and employer, and where to find additional assistance.
Important additions include the reporting of Beneficial Ownership Information, understanding industry classification codes, and information about Oregon Paid Leave.
Both guides are available in English and Spanish at the Oregon Secretary of State's website.
OSBA Quarterly Report
- The Office of Small Business Assistance (OSBA) helped 226 customers in the second quarter of 2024.
- 94% of all cases were information requests, while the remaining 6% were complaints.
- 5 cases were resolved by OSBA staff, while 169 were referred to other agencies or technical assistance providers.
- Licensing (40%), taxes (15%), and access to capital or legal services (12%) were the most common reasons customers contacted OSBA.
- Cases most commonly involved one of the following four state agencies: the Secretary of State's Corporation Division (for business registration questions), the Department of Revenue, the Construction Contractors Board, and Business Oregon.
- 51% of all OSBA cases originated from phone calls, 27% from OSBA's web form, and 22% from emails.
- According to data from the Secretary of State Corporation Division and the Oregon Employment Department, there were 520,994 registered businesses at the end of 2023. Of those, 517,860 had 100 or fewer employees, meaning 99.4% of all Oregon businesses are considered “small” under ORS 56.200.
|