Contracting officers now able to set-aside contracts of any dollar amount to WOSBs

May 8, 2013 by

An interim final rule published May 7, 2013 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.

As a result of the rule change, contracting officers will be able to set aside specific contracts for certified WOSBs and EDWOSBs at any dollar level which will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs. The SBA is currently working on the changes to the Federal Acquisition Regulations.

Prior to the rule change, the anticipated award price of the contract for women-owned and economically disadvantaged women-owned small businesses could not exceed $6.5 million for manufacturing contracts and $4 million for all other contracts.

Every firm that wishes to participate in the WOSB program must meet the eligibility requirements and either self-certify or obtain third party certification.  There are four approved third-party certifiers that perform eligibility exams: El Paso Hispanic Chamber of Commerce, National Women Business Owners Corporation, U.S. Women’s Chamber of Commerce, and the Women’s Business Enterprise National Council. Additional information and links about approved third-party certifiers are available at: http://www.sba.gov/content/contracting-opportunities-women-owned-small-businesses

To qualify as a WOSB, a firm must be at least fifty-one percent owned and controlled by one or more women, and primarily managed by one or more women.  The women must be U.S. citizens and the firm must be considered small according to SBA size standards.  To be deemed “economically disadvantaged,” a firm’s owners must meet specific financial requirements set forth in the program regulations.

The WOSB Program identifies eighty-three four-digit North American Industry Classification Systems (NAICS) codes where WOSBs are underrepresented or substantially underrepresented.   Contracting officers may set aside contracts in these industries if the contract can be awarded at a fair and reasonable price and the contracting officer has a reasonable expectation that two or more WOSBs or EDWOSBs will submit offers for the contract.

For more information on the Women-Owned Federal Small Business Contract Program or to access the instructions, applications or database, please visit www.sba.gov/wosb.

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Lawmaker wants proof agencies are complying with new small business rules

April 23, 2013 by

House Small Business Committee Chairman Rep. Sam Graves, R-Mo., last Tuesday (Apr. 16, 2013) stepped up pressure on agencies to comply with new rules requiring them to elevate their Small and Disadvantaged Business Utilization offices as a means for giving more businesses a leg up in competing for contracts.

In letters to the Defense Department and 34 other agencies, Graves said a recent hearing revealed that too many are ignoring new amendments to the Small Business Act enacted in January with passage of the 2013 National Defense Authorization Act. “It has come to my attention that some agencies were either unaware of recent changes . . . or had not yet implemented the changes,” Graves wrote. The requirements include new priorities in the small and disadvantaged business offices’ work, prohibitions on the offices’ leaders from holding other positions, and improvements to the reporting relationship between small business specialists and the offices.

Keep reading this article at: http://www.govexec.com/contracting/2013/04/lawmaker-wants-proof-agencies-are-complying-new-small-business-rules/62582/?oref=dropdown

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Defense Act causes SBA to lift dollar limits on WOSB set-asides

January 23, 2013 by

Women-owned small businesses will have greater access to federal contracting opportunities as a result of changes included in the National Defense Authorization Act of 2013 (NDAA) to the U.S. Small Business Administration’s Women-Owned Small Business Federal Contract Program.

“This new law is a prime example of how the Obama Administration is embracing a more inclusive view of entrepreneurship, helping small businesses and America succeed,” said SBA Administrator Karen Mills. “Today, women own 30 percent of all small businesses up from just 5 percent 40 years ago. As one of the fastest growing sectors of small business owners in the country, opening the door for women to compete for more federal contracts is a win-win.”

The NDAA 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. Prior to the new law, the anticipated award price of the contract for women-owned and economically disadvantaged women-owned small businesses could not exceed $6.5 million for manufacturing contracts and $4 million for all other contracts.

The Women’s Federal Contract Program allows contracting officers to set aside specific contracts for certified WOSBs and EDWOSBs and will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs.

The law also requires the SBA to conduct another study to identify and report industries underrepresented by women-owned small businesses. As a result, more eligible women-owned businesses may be able to participate in SBA’s Women’s Federal Contract Program and compete for and win federal contracts.

These changes have not yet taken effect.  The SBA is working with the Office of Federal Procurement Policy under the President’s Office of Management and Budget on the implementation including changes to the Federal Acquisition Regulations.

Every firm that wishes to participate in the WOSB program must meet the eligibility requirements and either self-certify or obtain third party certification. There are four approved third-party certifiers that perform eligibility exams: El Paso Hispanic Chamber of Commerce, National Women Business Owners Corporation, U.S. Women’s Chamber of Commerce, and the Women’s Business Enterprise National Council. Additional information and links about approved third-party certifiers are available at www.sba.gov/wosb. To qualify as a WOSB, a firm must be at least fifty-one percent owned and controlled by one or more women, and primarily managed by one or more women. The women must be U.S. citizens and the firm must be considered small according to SBA size standards. To be deemed “economically disadvantaged,” a firm’s owners must meet specific financial requirements set forth in the program regulations.

The WOSB Program identifies eighty-three four-digit North American Industry Classification Systems (NAICS) codes where WOSBs are underrepresented or substantially underrepresented. Contracting officers may set aside contracts in these industries if the contract can be awarded at a fair and reasonable price and the contracting officer has a reasonable expectation that two or more WOSBs or EDWOSBs will submit offers for the contract.

For more information on the Women-Owned Small Business Program or to access the instructions, applications or database, please visit www.sba.gov/wosb.

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Rep. Graves requests contract reforms in next NDAA

April 19, 2012 by

Rep. Sam Graves (R-Mo.), chairman of the Small Business Committee, said on April 17 he would like several small-business contracting reforms, including a proposal to boost the annual small-business contracting goal, in the new defense authorization bill.

He made the recommendation to the Armed Services Committee in a hearing in which several House members asked the committee to include its suggested language in the National Defense Authorization Act for Fiscal Year 2013. The committee is expected to release its language for the bill May 7.

“Improving small business opportunities for federal contracts is a triple play,” Graves told the committee in testimony. Small companies win more contracts, which create jobs, he said. Companies also bring more competition and innovation to the market and the government saves money through this and the industrial base stays healthy, added Graves.

In March, Graves’ committee approved eight bills to reform contracting and help small companies in the federal marketplace.

He pointed out that the Armed Services Committee’s own Panel on Business Challenges and the Small Business Committee’s legislation actually complement each other.

The panel concluded that small businesses face particular challenges in contracting with the Defense Department. DOD lacks a culture that fosters small-business participation, it said. More broadly, DOD has a confusing acquisition rule book that constantly changes, the panel said.

As for small-business reforms, one bill would raise the governmentwide small-business contracting goal from 23 percent to 25 percent — with budgetary consequences for missing the mark. Others would increase the level of responsibility for small-business advocates inside each agency, improve mentor-protégé programs and tackle unjustified contract bundling.

Another bill would address a deceptive contracting practice called pass-throughs. In a pass-through, a small company wins a contract set aside just for certain companies and then passes the majority of the work onto a large company.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article was published on Apr. 17, 2012 at http://washingtontechnology.com/articles/2012/04/17/sam-graves-armed-services-committee.aspx?s=wtdaily_190412.

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Congress clarifies ‘critical function’ definition

December 27, 2011 by

The fiscal 2012 National Defense Authorization Act may provide a little more clarity to the blurry term “critical function.”

Such a function is a duty “necessary to maintain sufficient government expertise and technical capabilities” and a duty that “entails operational risk associated with contractor performance.”

The Office of Federal Procurement Policy this year defined a critical function as work that’s “necessary to the agency being able to effectively perform and maintain control of its mission and operations.”

In the authorization bill, Congress tells Defense Department officials to give special consideration to these critical functions, as well as acquisition workforce functions and even work that DOD employees have done at some during the past decade if they plan to take back work from contractors.

Officials would need to test whether to insource certain functions based on DOD guidance on comparing the estimated costs of who’s doing the work. Officials would also have to decide if insourcing a function would be either 10 percent or $10 million less expensive than the contractor’s cost. The choice would not apply to inherently governmental functions, which should only be done by federal employees.

The authorization bill cleared Congress Dec. 15, and now awaits President Barack Obama’s signature or his veto.

As defense officials consider insourcing work, Congress wants them to notify contractors of their decision to take back their work. DOD would have to give a “timely notification” to companies before insourcing particular jobs.

One expert said the “timely notification” is a step forward in informing the companies that would be losing their contracts. But the provision’s usefulness depends on what DOD considers timely.

“How ‘timely’ is defined determines whether this is of any value or not,” said Robert Burton, former deputy OFPP administrator and now partner at the Venable law firm.

Having worked with small contracting companies that lose their business because of insourcing, he said a useful timely notification may be at least a six-month heads-up.

Still he said small businesses often struggle to stay afloat after insourcing, whether or not they know they’re losing their work.

He had been pushing for such a provision, although he was disappointed Congress didn’t go further than a “timely notification.”

For the best option, he said government officials should talk with companies about the effect of insourcing on their future. Officials should then consider it as a factor in their decision.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week.  This article appeared on Dec. 21, 2011 at http://fcw.com/articles/2011/12/21/ndaa-critical-function-notification.aspx.

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