SmallGovCon Week in Review: July 22-26, 2024

Happy Friday! This week saw several large contract awards that reflect the federal government’s ongoing efforts to modernize its technology infrastructure, enhance defense capabilities, and improve emergency services and IT support across various agencies. In other news, SBA will be holding a tribal consultation that seeks to reduce administrative burdens and increase autonomy for Tribal Nations in addressing their specific needs. You can read more about this week’s developments in the articles below. And we will do a deeper dive into SBA’s recent announcement in an upcoming blog post. Have a great weekend.

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SBA Certify Portal Applications to be Paused

If you have ever looked into socio-economic certifications through the SBA or “set-asides” as some call them, you undoubtedly have run into SBA’s certify portal. It certainly is a big part of the small business federal contracting landscape, with likely massive numbers of site visitors a day. However, it will soon be updated, causing a pause on new applications very soon.

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Webinar! Small Business Certifications, March 20, 2024, 10:00-11:00 am CDT

Please join federal government contracts attorneys Nicole Pottroff & Greg Weber for this informative webinar on SBA certifications hosted by Catalyst Center for Business & Entrepreneurship. Participants will get an overview about the Small Business Certifications including:

  • Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business
  • 8(a)  Business Development Program
  • HUBZone (Historically Underutilized Business Zone)
  • Service Disabled Veteran Owned Small Business

We will discuss how to get certified, how long it may take, regulations, changes, updates, and tips and tricks on how to be prepared. Please Register here.

A HUBZone Appeal Appears! Continuing our Look at the HUBZone Appeal Process

Earlier this year, SBA’s Office of Hearings and Appeal (“OHA”) released its first HUBZone status protest appeal decision. That decision, as you may recall was fairly straightforward, resulting in a dismissal of the appeal. About half a year later, OHA has issued its second HUBZone status appeal decision! This one is even more straightforward than the first one, but it is important nonetheless as it now gives us further insight into the HUBZone appeal system. Let’s take a little look.

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SBA OIG Again Challenges SBA’s Revised Definition of a HUBZone Employee

The U.S. Small Business Administration’s Office of Inspector General isn’t mincing words–OIG thinks that SBA has strayed from Congressional intent with its expansive definition of who qualifies as a HUBZone employee for purposes of satisfying the HUBZone Program’s eligibility requirements. In a recent report, SBA OIG points out that SBA’s broad definition could result in a company becoming HUBZone-eligible even if none of the company’s employees currently live in HUBZones.

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No Work No Play: SBA Reminds Contractors of HUBZone Employment Requirements

One of the pillars of the SBA’s HUBZone program is the location of a company’s employees. In August of this year, SBA released an Information Notice emphasizing important points about where employees reside, and HUBZone entity’s efforts to employ the necessary amount of employees residing in HUBZone areas. While SBA’s HUBZone policies don’t have the weight of law as compared to a regulation, the HUBZone office will generally enforce this sort of guidance quite strictly. So don’t think it’s just a suggestion. As these are crucial elements of eligibility, it is important for all HUBZone businesses to be aware and reminded of SBA’s expectations.

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Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits

Through an amendment to the Senate-Passed 2024 NDAA, the Department of Defense (“DoD”) sole source threshold for many socioeconomic set-aside programs would be increased significantly under the Senate-passed version of the 2024 National Defense Authorization Act. Also a method to adjust DoD sole-source thresholds for inflation would be created.

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