The final version of the 2022 National Defense Authorization Act, agreed upon by negotiators for both the House and Senate and signed by the president, will allow the SBA’s Office of Hearings and Appeals to hear appeals related to the SBA’s HUBZone status decisions.
We here at Koprince McCall Pottroff LLC welcome the pending change, which will be a big step forward for the HUBZone program in terms of transparency and fairness.
If, as the result of a size protest or appeal, the SBA makes a final determination that a company is not a small business, the company will be required to update SAM within two days to reflect that it is no longer small. And if the company doesn’t recertify within two days, the SBA will do the honors and update the company’s SAM profile.
This tough new requirement is part of the compromise version 2022 National Defense Authorization Act, which is likely to be signed into law in the coming weeks, although it is unclear when the SBA’s regulations will be revised to implement the change.
The sole source thresholds for the major socioeconomic preference programs would increase significantly under the House-passed version of the 2022 National Defense Authorization Act.
The House version of the 2022 NDAA includes an amendment that would raise the sole source caps for contracts awarded to qualified 8(a) Program participants, service-disabled veteran-owned small businesses, HUBZone Program participants, and woman-owned small businesses (as well as the economically disadvantaged subcagetory of WOSBs).
Local construction contractors would receive new contracting preferences for Department of Defense contracts under the version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23.
During floor debate on the 2022 NDAA, the House agreed to an amendment proposed by representative Andy Kim. The amendment requires, to the extent practicable, that DOD give a preference to construction contractors who hire local employees. The amendment also requires all contractors and subcontractors for military construction projects to be licensed in the state where the work is to be performed.
The version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23 would increase the government’s small business prime contracting goal from 23% to 25%.
The House-passed version of the 2022 NDAA would also increase the prime contracting goals for service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses.
Congress is at work on the 2022 National Defense Authorization Act–major annual legislation that often includes significant changes to the laws impacting government contractors.
This year’s NDAA promises to be no different. Among potential changes: the House Subcommittee on Cyber, Innovative Technologies, and Information Systems has proposed to establish a pilot program to help transition more Phase II SBIR/STTR awardees to Phase III.