The SBA’s HUBZone Program, short for “Historically Underutilized Business Zone,” is likely the SBA program that we hear the least about. Tucked away in Title 13, Section 126 of the U.S. Code of Federal Regulations, the HUBZone Program gives HUBZone participants benefits in multiple federal government contracting situations in an effort to revitalize historically underutilized business zones through increased employment opportunities, investments, and economic development. So, what exactly makes an area a HUBZone, and how can your small business be designated as a HUBZone participant? Read on to find out.
Continue readingAuthor Archives: Stephanie Ellis
GAO: Misrepresentation on Key Person Availability Sinks Proposal
Agencies rely on the representations made by offerors in their proposals to determine how capable each offeror is. In many cases, key personnel are so vital to an offeror’s chance of success that any change to the key personnel must be approved by the agency prior to such a change taking place. Logic follows that the risk of losing a possible award outweighs any benefit that may be reaped from stretching the truth. Nonetheless, from time to time an offeror will decide to give it a try, hoping that any inaccuracies will be overlooked, or will simply unintentionally misrepresent a detail. But, as one offeror learned, the possibility of such inaccuracies being discovered is high, and the end result is far from ideal.
Continue readingBreaking: SBA Proposed Rule Gives OHA Jurisdiction over HUBZone Status Protests
The Small Business Administration (SBA) has proposed to amend the rules of practice for its Office of Hearings and Appeals (OHA) and the Historically Underutilized Business Zone (HUBZone) Program to “implement procedures authorizing appeals to OHA” from adverse status determination protests for certified HUBZone small business concerns. Currently, HUBZone status protest determinations are decided by the Associate Administrator of Government Contracting and Business Development per 13 C.F.R. § 126.805. But those appeals, in our experience, are fairly limited and SBA does not publish the appeal decisions, meaning they provide little help for companies and attorneys wishing to understand how SBA interprets its HUBZone This is a big step for SBA and will certainly bring consistency and insights to the protest process and regulatory interpretation for HUBZone participants, bringing that program more in line with other SBA programs.
Goodbye PTAC, Hello APEX Accelerators
The Department of Defense (DOD) and the Small Business Administration (SBA) signed a memorandum of understanding (MOU) on Friday, December 2, 2022, in a bid to strengthen and expand small business development nationally. The most obvious immediate change is that the more than 90 Procurement Technical Assistance Centers (PTAC) will be renamed APEX Accelerators, and the DOD and SBA are hopeful that this rebranding will bring new life to the program, which provides free procurement assistance to small businesses that work with all levels of the government, whether federal, state, or local.
Continue readingGAO Sustains Protest to Best Value Trade Off Where Agency Only Considers “Outstanding” Proposals, Without Weighing Price/Non-Price Factors
The federal government contracting solicitation, proposal, and selection processes are something that all federal government contractors should strive to know. These methods, found in FAR parts 14 and 15, respectively, can be boiled down to two methods: sealed bidding and contracting by negotiation. Contracting by negotiation can occur either through a competitive award or a sole source award. When used effectively, the parts of the FAR clue contractors into the methods that agencies use to evaluate proposals and can help contractors tailor their proposals to better target agencies’ needs, thereby increasing chances of award. Of particular importance is the method an agency will use to evaluate proposals, and the weight given to technical components of the proposal against the weight given to price. In KPMG LLP, B-420949 (Nov. 7, 2022), GAO takes a look at how agencies evaluate technical proposals and price, and how those evaluations work together in a best-value tradeoff decision.
Continue reading8(a) Program and EDWOSB: Are they Economically Disadvantaged Twins or Siblings?
Two of the Small Business Administration’s programs require the applicant to demonstrate that they are economically disadvantaged: the 8(a) Business Development Program (8(a) Program) and the Economically Disadvantaged Woman-Owned Small Business Program (EDWOSB). The 8(a) Program requires applicants to be owned and controlled by both socially and economically disadvantaged individuals per 13 C.F.R. § 124.101. Applicants of the EDWOSB program must be owned and controlled by one or more economically disadvantaged women per 13 C.F.R. § 127.200(a)(2). But what exactly does it mean to be “economically disadvantaged,” and do both programs have the same requirements? Below I discuss the economically disadvantaged requirement contained in both programs. Read on to find out whether they are the same, and more.
Continue readingThe Anatomy of a Solicitation: How to Read the Standard Sections of a Federal Solicitation
Being familiar with the structure of a solicitation is imperative if you hope to be a successful federal government contractor. However, the solicitations that accompany competitive procurements, in the form of a “request for quote,” “invitation for bid,” or “request for proposal,” are often lengthy, making it easy for contractors that are new to federal government contracting to get lost in the legalese, and unable to pinpoint the vital information. Does that mean that parts of the solicitation are not important? Not at all. Contractors should be familiar with all parts of the solicitation. But knowing what to expect, and how to quickly find information that may make or break your decision to submit an offer will increase your efficiency and effectiveness when drafting proposals, saving you precious time for other important things.
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