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May 7th, 2013
Small Business Administration Interim Final Rule
Latest Development: SBA's rule implements provision in FY 2013 removing restrictions that limited set-asides under Women-Owned Small Business program to those below $6.5 million for manufacturing contracts and $4 million for all other contracts.
SBA Finalizes Rule Adopting Changes to Contracting Program for Women-Owned Small Businesses WASHINGTON –An interim final rule published in the Federal Register and effective immediately will amend regulations to the U.S. Small Business Administration’s Women-Owned Small Business Federal Contract Program allowing for greater access to federal contracting opportunities for women-owned businesses as a result of the National Defense Authorization Act of 2013 (NDAA) signed in January.
The interim final rule removes the anticipated award price of the contract thresholds for women-owned small businesses (WOSB) and economically disadvantaged women-owned small businesses (EDWOSB) to allow them greater access to federal contracting opportunities without limitations to the size of the contract. The rule can be accessed at: http://www.gpo.gov/fdsys/pkg/FR-2013-05-07/html/2013-10841.htm and comments can be submitted on or before June 6, 2013, at www.regulations.gov, identified by the following RIN number: RIN 3245-AG55.
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July 2011
New Integrated Acquisition Data System Seen As Boost for Small Businesses
Small Business
Development of new governmentwide system to replace the eight independent acquisition systems currently used, including the Federal Procurement Data System-Next Generation
President Obama established the interagency task force in May 2010 and charged it with creating more opportunities for small businesses to obtain government contracts, including businesses owned by women, minorities, socially and economically disadvantaged individuals, and service-disabled veterans ( 93 FCR 366, 5/4/10). Among other things, the task force recommended using validation methods to improve data quality related to small business contracting and increasing the accessibility and usability of small business procurement data in FPDS-NG (94 FCR 271, 9/21/10).
In addition to FPDS-NG, the Integrated Acquisition Environment (IAE) systems moving to the new integrated platform, the System for Award Management (SAM), include:
• FedBizOpps;
• Wage Determinations On-Line;
• Central Contractor Registration;
• Online Representations and Certifications Application (ORCA);
• Past Performance Information Retrieval System;
• Excluded Parties List System; and
• Electronic Subcontracting Reporting System.
System for Award Management (SAM)
https://www.acquisition.gov/SAM/SAM%20Overview%20-%20July%202011%20v3.pdf
How Can I Stay Informed? To obtain more information
_ Go to https://acquisition.gov
_ Write to AskSAM@gsa.gov and ask to be added to the general email distribution list
_ Participate in our Contract Writing System/Interfaces meetings, if
applicable (write to AskSAM@gsa.gov to be invited)
FAQ about SAM –
https://acquisition.gov/SAM/sam.html
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July, 2011Use of Government-wide Acquisition Contracts Set Aside Exclusively for Small Businesses (A. Coetzee; 07/20/2011)
https://acquisition.navy.mil/rda/content/view/full/8219
This memo forwards Director, Defense Procurement and Acquisition Policy memorandum of July 14, 2011, which provides contracting officers with a list of GWACs for information technology-related products and services that have been set aside exclusively for small businesses. It is intended to encourage Contracting officers to use the resources provided to maximize small business prime contracting opportunities.
government-wide_acquisition_contracts_set-aside.pdf (628.72 kB)
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July, 2011
Increased Use of Small Business Concerns (S. Stackley; 07/19/2011)
https://acquisition.navy.mil/rda/content/view/full/8218
This memorandum provides guidance to the DoN acquisition community concerning the increased use of small business concerns. The DOD has placed special attention on increasing the use of small business in FY 2011, consistent with the Better Buying Power initiatives, and to support the White House's 23% small business goal. Because a significant percentage of the DON's procurement dollars purchase goods and services that cannot be provided by small business, DOD has determined that the DoN share of the 23% goal be 18.9%. To meet this challenge, the DoN must increase our awards to small business by an estimated $1-2 billion over what was achieved in FY2010. Therefore, DoN acquisition and contracting activities are directed to 1) take immediate short term steps to measurably increase small business performance, 2) re-emphasize sound acquisition business practices to promote small business opportunity and 3) make long term process improvements for small business engagement.
SMALL BUSINESS.pdf (130.12 kB)
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July 13, 2011
BILL – SIZE STD FLEXIBILITY: House Small Business Panel Approves Size Standard Flexibility Measure
http://smallbusiness.house.gov/News/DocumentSingle.aspx?DocumentID=251682Small Business
The House Small Business Committee July 13 voted 13-8 to report out a bill (H.R. 585) permitting the Small Business Administration Chief Counsel for Advocacy to approve size standards authorized by statutes other than the Small Business Act and the Small Business Investment Act of 1958.
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July, 2011
FAR CASE 2009-007 FINALIZES: EQUAL OPPORTUNITIES FOR VETERANS
http://www.gpo.gov/fdsys/pkg/FR-2011-07-05/pdf/2011-16671.pdf
http://edocket.access.gpo.gov/2011/2011-16672.htm
The rule in FAR Case 2009-007 finalizes, with minor changes, an interim rule from FAC 2005-46 that implemented Department of Labor regulations on equal opportunity provisions for various categories of military veterans. A final DoL rule (72 FR 44393) amending Title 41 of the Code of Federal Regulations implemented amendments to the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1972, as amended by the Jobs for Veterans Act (PL 107-288).
------------------------------------------------------------------------------------------------------------------------------------------------------------July 21, 2011
INTERIM RULE AMENDMENT – HUBZone REAPPLICATION PERIOD SHORTENS: Interim Rule Amends SBA HUBZone Regulations to Shorten Reapplication Period
Small Business
http://www.gpo.gov/fdsys/pkg/FR-2011-07-21/pdf/2011-18329.pdf
An interim rule amends the Small Business Administration's regulations pertaining to the Historically Underutilized Business Zone (HUBZone Program) to shorten the time a declined or decertified HUBZone small business must wait to reapply from one year to 90 calendar days.
To take advantage of this option, a small business must meet program eligibility requirements at the time of reapplication.
------------------------------------------------------------------------------------------------------------------------------------------------------------July 1, 2011
Amendment to the FAR to remove the requirement for Small Disadvantaged Business (SDB) subcontractors to be certified by the Small Business Administration (SBA).
The subject case is presented to the Civilian Agency Acquisition Council (CAAC) for consideration as a Final Rule using the Simplified Approval Process.
This final rule amends the FAR to remove the requirement for Small Disadvantaged Business (SDB) subcontractors to be certified by the Small Business Administration (SBA). SBA amended Title 13 of the Code of Federal Regulation (CFR) at 13 CFR 124 to remove any references to SBA performing SDB certifications before a subcontractor can represent itself as an SDB. Under SBA’s previous regulations, only those firms that applied to and had been certified by the SBA as SDBs could be eligible for Federal subcontracting opportunities. This FAR rule implements reciprocal changes to the FAR.
An interim rule was published in the Federal Register at 75 FR 77737 on December 13, 2010. No public comments were received. Consequently, the interim rule is adopted as final without change. (The interim rule had an effective date of 12.13.2010.)
FYI. Final Rule published that removes the requirement for SDB subcontractors to be certified by SBA. SDBs may self certify now as subcontractors.
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APRIL 2011
U.S. SBA -Office of Advocacy --The Advocate-- APRIL 2011Release Date: April 2011, Volume 30, number 3
Internet address: http://www.sba.gov/sites/default/files/newsletter-april-2011.pdf
The Small Business Advocate is a periodic newsletter that details economic developments and regulatory trends related to small business as well as the latest initiatives of the Small Business Administration's Office of Advocacy.
In This Issue
Advocacy’s Legislative Priorities, 1
Caitlin Cain Appointed Region VI Advocate, 7
Message from the Chief Counsel
Advocacy’s Regional Network at Full Strength, 3
Research Notes
Small Business Bankruptcy Report Released, 2
Report on Small Business Lending, 2003-2010, 6
Two New Quarterly Updates, 6
Regulatory News
Agencies Submit Retrospective Rule Review Plans, 4
Roundtables on EPA Rules, 4
Justice Dept and EEOC Publish ADA Compliance Guides, 5
Tax News
Small Businesses Are Unfair Targets of Tax Gap, 8
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APRIL 2011
THE SMALL BUSINESS ADVOCATE - MARCH 2011Editor: Kia Dennis Vol: 30, No: 2
The following is a newsletter from the Office of Advocacy for March 2011. The key topics discussed in the newsletter are:
• RFA Saves Small Businesses $15 Billion in Compliance Costs
• Startup America Roundtables Scheduled
Message from the Chief Counsel
• The Cost of Regulations
Research Notes
• Small Business Lending Study Released
• Small Business Profiles Published
Regulatory News
• EPA Finalizes Emissions Rules
• New Regulations for Electric Utilities Expected
• New ADA Rules Take Effect in March
• Labor Department Delays H-2B Visa Wage Change
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MARCH 2011
SBA’S ONLINE CHAT ON NEW WOSB PROGRAM: SBA’s New Federal Contract Program for Womenhttp://web.sba.gov/livemeeting/public/dsp_meeting_view.cfm?MeetngId=2&TextOnly=Yes
SBA's Online Business Chat - a live Q&A session with small business experts.
Submit your question before or during the chat discussion.
You cannot submit question after Closing Remarks for the chat.
No registration is needed for the web chat.
Host: Michele Chang, Senior Advisor, U.S. Small Business Administration, Office of Government Contracting and Business Development
Time: Thursday, March 31, 2011 at 1:00:00 PM EDT
-----------------------------------------------------------------------------------------------------SEPTEMBER 27, 2010
PUBLIC LAW 111–240—SEPT. 27, 2010SMALL BUSINESS JOBS ACT OF 2010
VerDate Nov
http://www.gpo.gov/fdsys/pkg/PLAW-111publ240/pdf/PLAW-111publ240.pdf
-----------------------------------------------------------------------------------------------------DECEMBER 13, 2010
Provided as an additional reading and learning opportunity is a change to the FAR that may impact your current processes.The change to FAR 52.219-9 added a paragraph – namely (e)(6), on January 12, 2011. The last change to FAR 52.219-9 was December 13, 2010 and FAR 52.219-9 was the same as the October 2010 version.
Attached is the Federal Register that added the extra paragraph – and here is the hyperlink to the federal register website that gives some background on the change. http://www.federalregister.gov/articles/2010/12/13/2010-30560/federal-acquisition-regulation-hubzone-program-revisions. This change may have escaped notice because it was originally associated with Hubzone program changes.
-----------------------------------------------------------------------------------------------------FEBRUARY 11, 2011
SBA makes first major revision to 8(a) program in a decade - By Robert Brodskyrbrodsky@govexec.comFebruary 11, 2011
The Small Business Administration has finalized the most comprehensive changes to its 8(a) small and disadvantaged business contacting program in more than a decade, with a sharp focus on reforming and improving the transparency of Alaska native corporations.The long-awaited final rules, published Friday in the Federal Register, closely mirror -- except for minor technical changes -- the proposed rules offered by SBA in October 2009.
The lengthy final rule, which takes effect on March 14, attempts to tackle a host of 8(a) concerns, from the threshold to enter and remain in the program to tightening the rules for joint ventures and mentor-protégé relationships.
http://www.govexec.com/story_page_pf.cfm?articleid=47091&printerfriendlyvers=1
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DoD Issues Final Rule on Award-Fee Contracts
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address award-fee contracts, including eliminating the use of provisional award-fee payments. Reference Federal Register: February 14, 2011 (Volume 76, Number 30). Effective Date February 14, 2011.
DoD published a proposed rule in the Federal Register (75 FR 22728) on April 30, 2010, to revise guidance for award-fee evaluations and payments, eliminate the use of provisional award-fee payments, and incorporate DoD policy guidance on the use of objective criteria. A new clause entitled Award Fee sets forth the use of award fees in DoD contracts.
In response to the proposed rule, DoD received comments from three respondents. A discussion of the comments is provided below:
1. Making 40 Percent of the Award-Fee Pool Available for the Final Evaluation a. Comment:
2. Elimination of Provisional Award-Fee Payments a. Comment:
3. Selection of Contract Type
4. Other Issues
Other Change
In addition to changes made in response to the public comments, the phrase ``held for'' has been replaced by the phrase ``available for'' in DFARS 216.405-2(1) to better reflect DoD policy.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0302; facsimile 703-602-0350. Please cite DFARS Case 2006-D021.
http://www.ncmahq.org/News/CMNewsDetail.cfm?ItemNumber=9079
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SEPTEMBER 24, 2010:
Text of H.R. 5297 [111th]: Small Business Jobs Act of 2010
Sep 24, 2010 - Enrolled Bill. This is the final text of the bill or resolution as approved by both the Senate and House. This is the latest version of the bill currently available on GovTrack.
The text of this bill is not available on GovTrack. If the bill was recently introduced, it may not be available yet from the Government Printing Office. If the bill is in GovTrack's historical data, the text of the bill may not be available online. You may have also followed an invalid link.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h5297enr.txt.pdf
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FEBRUARY 2, 2011:
95 FCR 138 - Small Business: Small Business Administration Publishes Final Rule on Effect of Eligibility Decisions
The Small Business Administration (SBA) published a final rule Feb. 2 that aims to clarify the effect on procurements of eligibility decisions.
The rule, according to a Federal Register notice, also will:
• increase the time SBA has to make formal size determinations;
• require the SBA Office of Hearings and Appeals (OHA) to make size appeal decisions within 60 days if possible;
• increase the time SBA has to file North American Industry Classification System (NAICS) code appeals;
• change NAICS code appeal procedures to comply with a federal court decision;
• ensure contracting officers reflect final eligibility decisions in procurement databases and goaling statistics; and
• change size status protest and appeal rules.
Changes to Proposed Rule
The final rule (76 Fed. Reg. 5,680), which is effective March 4, is available at:
http://edocket.access.gpo.gov/2011/pdf/2011-2177.pdf
---------------------------------------------------------------------------------------------FEBRUARY 1, 2011:
Obama plans to give small business a boost
The president's budget will include continued tax breaks and $2 billion to be invested directly in small businesses. They also will get funding and support from a private-public initiative led by AOL co-founder Steve Case. February 01, 2011|By Sharon Bernstein, Los Angeles Times
Small businesses will get some continued tax breaks under the proposed budget that President Obama is planning to submit this month, the White House said. Also unveiled was a private-public initiative, led by AOL co-founder Steve Case, to help find funding for and otherwise support small business.
"Entrepreneurs embody the promise of America: the belief that if you have a good idea and are willing to work hard and see it through, you can succeed in this country," Obama said in a statement. "And in fulfilling this promise, entrepreneurs also play a critical role in expanding our economy and creating jobs."
http://articles.latimes.com/2011/feb/01/business/la-fi-small-business-obama-20110201
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New SBA programs aim to boost loans to small firms: The agency will guarantee up to 85% of the amounts through its Community Advantage and Small Loan Advantage programs, with maximum loans of up to $250,000. January 31, 2011|By Cyndia Zwahlen. A small-business owner could get up to $250,000 in capital under new loan initiatives being rolled out by the federal government. The new Community Advantage loan program to be launched this spring is geared to underserved markets, including firms less than 2 years old, small businesses in low- to moderate-income communities and those owned by veterans.
http://articles.latimes.com/2011/jan/31/business/la-fi-smallbiz-loans-20110131
---------------------------------------------------------------------------------------------JANUARY 26, 2011:
FREE TRADE AGREEMENT: Senators' free trade agreement could bring jobs to city
By RICKY CAMPBELL The Register Citizen January 26, 2011
TORRINGTON — Senator Joe Lieberman (I-CT) and Sen. Rob Portman (R-OH) introduced a piece of legislation expressing Congress’ support for passing the pending trade agreements with South Korea, Colombia and Panama on Tuesday morning.
The Creating American Jobs through Exports Act of 2011 also extends trade negotiation authority, reinstating the Obama Administration’s authority over negotiations, if it is passed. The bill’s purpose is to revive the struggling economy.
http://lieberman.senate.gov/index.cfm/blog/senators-free-trade-agreement-could-bring-jobs-to-city
JANUARY 27, 2011:
Advocacy Releases Report Examining the Small Business Economy in 2009
For Release: January 27, 2011
Contact: Patrick Morris (202) 205-6941 patrick.morris@sba.gov
WASHINGTON, D.C. –Small businesses faced challenging economic conditions in 2009. However, by the end of the year, small businesses found room for optimism, according to a report released today by the Office of Advocacy. The report, the 2010 edition of The Small Business Economy: A Report to the President (http://www.sba.gov/sites/default/files/sb_econ2010.pdf), reviews the overall economic environment for small businesses in 2009.
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JANUARY 19, 2011:
95 FCR 68 - Veterans VA Changes Rule on Verifying Ownership of VOSBs, SDVOSBs: The Department of Veterans Affairs Jan. 19 made changes to an interim final rule it issued close to a year ago establishing procedures for verifying the ownership and control of veteran-owned (VOSBs) and service-disabled, veteran-owned small businesses (SDVOSBs) in accordance with a 2006 law authorizing the agency to provide contracting preferences to such firms.The final rule, which takes effect Feb. 18 (76 Fed. Reg. 3,017, 1/19/11), is available at:
http://www.gpo.gov/fdsys/pkg/FR-2011-01-19/pdf/2011-983.pdf
---------------------------------------------------------------------------------------------------JANUARY 20, 2011:
Although the following is only applicable to government personnel, it may be really devastating to the 1102 Contracts community - Contributor.
THE 2011 SPENDING REDUCTION ACT: Jordan, Garrett and DeMint Unveil the Spending Reduction Act- Outline $2.5 trillion in spending cuts to help resolve growing debt crisis:
http://garrett.house.gov/News/DocumentSingle.aspx?DocumentID=220754---------------------------------------------------------------------------------------------
http://www.irs.gov/newsroom/article/0,,id=233824,00.html
--------------------------------------------------------------------------------------------------12/22/10: SBIR/STTR PROGRAMS EXTENDED BY SENATE:
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Links to Other Sites
Office of the Under Secretary of Defense/Acquisition, Technology, & Logistics
National Aeronautics and Space Administration
U.S. Small Business Administration
U.S. General Services Administration
Integrated Acquisition Environment
DOD Office of Small Business Programs: Regional Councils