Congress Expected to Reject Section 809 Panel Recommendation to Eliminate Small Business Set-Asides

As we wrote about, the Section 809 Panel had recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel suggested replacing small business set-asides with a five percent small business price preference.

It looks like Congress heard our concerns—and those voiced throughout industry—and will reject this suggestion.

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Proposed FAR Update to Allow Small Business Set-Asides for Contracts Outside USA

Traditionally, small business set-asides are not utilized in Federal contracts performed outside the United States. The SBA allows for contracts performed outside the United States to use set-asides or sole-source awards, but the FAR does not reflect this. Recently, the Department of Defense, General Services Administration, and NASA have proposed an update the FAR that would reflect the allowance of small business set-asides and sole-source awards in contracts performed outside of the United States. 

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One Protest Spoils the Bunch

GAO recently dismissed several bid protests to an $82 billion procurement because of the actions of a company that had already lost its protest.

In AECOM Management Services, four different companies protested the U.S. Army’s logistics civil augmentation program procurement for various “Setting the Theater” services for the Army’s Northern Command, Southern Command, African Command, European Command, Central Command, Pacific Command, and Afghanistan.

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Contractors Beware: Government Bans Certain Telecommunications Equipment Effective August 13, 2019

Cybersecurity is a key concern of the federal government, which means that it should be a key concern for federal contractors, too.

To address a perceived cybersecurity risk, the 2019 NDAA prohibited the government from buying telecommunications devices produced by certain companies—namely, Huawei Technologies, ZTE Corporation, or any of their subsidiaries. In a proposed rule announced this week, this ban will be effective beginning August 13, 2019.

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U.S. Government to Ditch the DUNS

Earlier this month, the GSA announced a new Unique Entity Identifier Standard for Federal awards management. The new standard will go into effect December 2020. It will replace the current DUNS number system as the official identifier for all businesses contracting with the U.S. Federal Government.

This should make registering to do business with the federal government a little easier, but the proof will be in the roll-out.

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SBA Announces Increases to Receipts-Based Size Standards

Make sure to check your NAICS code size standards based on receipts, because SBA is increasing them across the board on August 19 to give small businesses more time to grow. On July 18, the SBA announced it will increase monetary-based industry size standards (meaning receipts-based and assets-based size standards).

This change is a result of adjustments for inflation that the SBA makes every five years. These rules will go into effect August 19, 2019.

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House Passes 2020 NDAA

On Friday, July 12, 2019, the U.S. House of Representatives passed its version of the 2020 National Defense Authorization Act.

While this passage may lead to an uncharacteristic political fight over appropriations, contractors will be watching whether the U.S. Senate and House bills ultimately agree upon the less politically-charged sections likely to impact their businesses.

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