Happy Friday Readers! It’s time to say goodbye to 2022 and make plans for the new year. We hope 2022 has been a good year for you. We are looking forward to providing valuable insights for federal contractors in 2023 and we appreciate your continued support of SmallGovCon. This week saw important updates regarding both the signing of the National Defense Authorization Act and government spending bill.
We wish you the best in 2023! Happy new year!
Continue reading…In a recent decision, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) examined a company that received two Small Business Innovation Research (SBIR) grant awards. The SBA Area Office had determined that the awardee was not an eligible small business due to ostensible subcontractor affiliation and other reasons. This decision is an important reminder for SBIR candidates on how they should structure subcontracting teams, as SBA will examine SBIR awardee eligibility.
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We’d like to take this opportunity to wish our readers a very happy holiday season! We appreciate you and we will keep striving, in 2023, to provide useful updates and information to the federal government contracting community. Season’s greetings!
DoD, GSA, and NASA are issuing a final rule that amends the Federal Acquisition Regulations (FAR), effectively implementing a provision of the 2016 National Defense Authorization Act. The rule permits and encourages agency acquisition personnel to engage in responsible and constructive exchanges with the industry, provided that such exchanges remain consistent with the applicable law and refrain from promoting any unfair competitive advantages.
Continue reading…The annual National Defense Authorization Act (NDAA), in essence Congress’ annual budget for the Department of Defense (DoD), commonly includes various riders and attachments that amend or create other federal laws. For example, the 2022 NDAA (finally) gave SBA’s Office of Hearings and Appeals the authority to hear appeals of HUBZone protests (something SBA just recently proposed a rule regarding), and the 2021 NDAA is why SDVOSB self-certification is ending and SBA is taking over the job of carrying out certifications from the VA (SDVOSB contractors, SBA will start accepting applications on January 9, 2023, as we discuss here.) The 2023 NDAA is no exception, and as it is currently proposed, the DoD would get a lot more discretion to help out its contractors in light of inflation.
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Happy Friday, Readers. We hope you have had a great week and are excited about the holiday season. There’s only one more weekend to get that shopping done! No matter how prepared I think I am, it seems there is always something that sneaks up at the last minute. We do hope you find time to sit and relax a bit this weekend and we’ve included some articles about federal government contracting that we believe are worth a read, including updates on the government shutdown and NDAA. Enjoy!
Continue reading…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.