SBA | The Contracting Education Academy

August 28, 2020 By cs

PPP loan forgiveness: Challenges for lenders

Since April 2020, more than 5,400 lenders across the United States have faced common challenges arising from the Paycheck Protection Program (PPP).

Participating lenders have been charged with interpreting a slew of evolving regulatory guidance while vetting millions of borrower applications.

Participating lenders have also been tasked with responding to information requests from Congress, federal regulators and law enforcement authorities investigating potential fraud and abuse in the emergency loan program. Yet another challenge looms on the horizon as lenders determine whether and to what extent disbursed PPP loans are eligible for forgiveness.

At first glance, the forgiveness process appears simple. A PPP borrower must complete an application for forgiveness and submit the application to its lender. The lender is then responsible for approving or denying the borrower’s forgiveness application by verifying certain documentation and calculations and then requesting payment from the SBA, as applicable.

However, because the lender stands between the PPP borrower requesting forgiveness and the federal government making payment, lenders face a number of challenges and risks in connection with PPP loan forgiveness.

Keep reading this article at: https://www.mondaq.com/unitedstates/financial-services/977036/ppp-loan-forgiveness-challenges-for-lenders

The Contracting Education Academy at Georgia Tech has established a webpage where all contract-related developments related to the coronavirus (COVID-19) are summarized. Find the page at: https://contractingacademy.gatech.edu/coronavirus-information-for-contracting-officers-and-contractors/

August 25, 2020 By cs

4 lessons from SBA’s $30 million ‘Certify’ platform debacle

Let me know if you’ve heard this one before: An agency hires “experts” to develop an application, spends tens of millions of dollars and the effort falls flat.

This easily could be the story to focus on with Small Business Administration’s Certify.SBA.gov project.

A recent agency inspector general report found the agency brought in U.S. Digital Service experts, spent upwards of $30 million over the last five years to develop the platform only for most of the effort to go to scrap and forcing SBA to basically start over again.

Instead this is a story about perseverance. It’s a story about lessons learned that every agency should keep in mind. And this is a story that offers an inside view into why federal projects do fail and how simple steps could change the direction of any IT project.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/08/4-lessons-from-sbas-30m-certify-platform-debacle/

August 17, 2020 By cs

Agencies exceed SBA’s women-owned small business contracting goal after years of falling short

Small businesses have a big stake in the federal marketplace, and the Small Business Administration sets a high bar for the rest of the federal government to do business with them.

*Click on image above to see complete Small Business Scorecard.*

Agencies met many of those standards last year, according to SBA’s annual Small Business Procurement Scorecard, awarding nearly $133 billion in small-business prime contracts and exceeding SBA’s goal to have 5% of prime contracts go to women-owned small businesses.

This marks only the second year that agencies met or exceeded the women-owned small business contracting goal since SBA set that benchmark, although agencies have fallen just shy of the governmentwide goal in recent years.

Eight agencies earned an ‘A+’ on the scorecard and 14 agencies received an ‘A.’ Agencies that showed the most improvement include the Office of Personnel Management and the Department of Veterans Affairs — which both went from a ‘B’ to an ‘A.’

Keep reading this article at: https://federalnewsnetwork.com/contracting/2020/08/agencies-exceed-women-owned-small-business-contracting-goal-years-after-falling-short/

August 4, 2020 By cs

SBA looks to tighten up certification process for women-owned small businesses

Women-owned small businesses, take note: the Small Business Administration is changing the certification process for doing business with the federal government.

Following a 2015 mandate from Congress, SBA will end its self-certification process for women-owned small businesses on October 15. This comes after the agency’s inspector general found contract awards were going to vendors that didn’t meet the criteria for the program.

Business owners since last Wednesday have been able to submit their applications through the online platform, but SBA will only begin issuing decisions on those submitted applications on Oct. 15, the last day of the self-certification process.

Alisa Sheard, a program manager in SBA Women’s Contracting Office, said businesses already certified through the WOSB program must also go through the new certification process, requiring business owners to copy information found on their SAM.gov profile and transfer it to SBA’s online certification platform.

“Everyone will still need to submit answers to questions and upload documents because there’s no data migration. Those documents that were in the different system are not in this beta certified system, so they will have to upload all of those documents,” Sheard said in an interview.

Keep reading this article at: https://federalnewsnetwork.com/contracting/2020/07/sba-looks-to-tighten-up-certification-process-for-women-owned-small-businesses/

July 6, 2020 By cs

GAO: Oversight of contractor compliance with subcontracting plans needs improvement

Half of the contracts recently examined by the Government Accountability Office (GAO) didn’t contain evidence of compliance with small business subcontracting requirements.

The subcontracting report submission system is web-based. *Photo credit: GAO file photo*

Federal agencies are supposed to notify Small Business Administration (SBA) representatives about proposed contracts that contain small business subcontracting plans for possible review. But for about half of the 26 contracts we examined, agencies couldn’t show whether that happened.

Agencies also didn’t ensure that contractors submitted subcontracting reports, or that the reports were accurate.

Certain federal contracts that go to large businesses must have small business subcontracting plans. Under these plans, contractors have to make a good-faith effort to offer subcontracting opportunities to small businesses.

GAO Report Details

GAO, in its report publicly released on June 29, 2020, found that selected agencies did not consistently follow all required procedures for oversight of small business subcontracting plans, both before and after contracts were awarded. GAO reviewed 26 contracts with a subcontracting plan at four agencies — Defense Logistics Agency (DLA), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and the Department of the Navy (Navy).

For about half of the 26 contracts, agencies could not demonstrate that procedures for Procurement Center Representative (PCR) reviews were followed. These SBA representatives may review small business subcontracting plans and provide recommendations for improving small business participation. When an agency is awarding a contract that includes a subcontracting plan, contracting officers are required to notify these representatives of the opportunity to review the proposed contract. Without taking steps to ensure these opportunities are provided, agencies may not receive and benefit from suggestions for increasing small business participation.

For 14 of the 26 contracts, contracting officers did not ensure contractors submitted required subcontracting reports. After a contract is awarded, contracting officers must review reports contractors submit that describe their progress towards meeting approved small business subcontracting goals. In some cases, contracting officers accepted reports with subcontracting goals different from those in the approved subcontracting plans, with no documentation explaining the difference. Without complete and accurate information about a contractor’s subcontracting goals, an agency cannot adequately assess a contractor’s performance in meeting its subcontracting plan responsibilities.

The SBA encourages agency compliance with small business subcontracting plan requirements by providing training to contracting officers and contractors, and by conducting reviews. For instance, SBA Commercial Market Representatives conduct compliance reviews to evaluate a large prime contractor’s compliance with subcontracting program procedures and goal achievement. However, SBA could not provide documentation or information on almost all compliance reviews conducted in fiscal years 2016–2018. SBA has developed new procedures for conducting compliance reviews, but as of mid-March 2020, had yet to fully implement them. SBA has conducted fiscal year 2019 compliance reviews that reflect a first phase of their new procedures. SBA has draft guidance on the new compliance review process, including some specific information regarding what Commercial Market Representatives are to record as part of the compliance review. SBA has begun to conduct compliance reviews in accordance with the guidance, but does not have clearly documented and maintained records for the first phase of these reviews. Without consistent, clear documentation and records that will be maintained going forward, SBA’s ability to track contractor compliance and agency oversight efforts will be limited.

Why GAO Did the Review

Certain federal contracts must have a small business subcontracting plan if subcontracting opportunities exist. But recent Department of Defense Inspector General reports raised concerns about agency oversight of subcontracting requirements. GAO was asked to review oversight of subcontracting plans. Among its objectives, GAO’s report discusses: 1) the extent to which selected agencies (DLA, GSA, NASA, and Navy) oversee small business subcontracting plans, and 2) how SBA encourages agency compliance with subcontracting plan requirements.

GAO reviewed data and documentation for a non-generalizable sample of 32 federal contracts (including 26 contracts with a subcontracting plan) at four agencies, selected to include contracts over $1.5 million at both civilian and military agencies awarded in fiscal years 2016–2018. GAO also reviewed the Federal Acquisition Regulation, SBA and selected agency documentation, and interviewed agency officials.

What GAO Recommends

GAO made 10 recommendations to strengthen oversight of these plans. GAO’s recommendations address ensuring that procedures for PCR reviews are followed, contractor subcontracting reports are monitored and reviewed for accuracy, and SBA compliance reviews are clearly documented and maintained. DLA, GSA, NASA, and Navy concurred with all of GAO’s recommendations. SBA partially concurred with the recommendation pertaining to that agency’s operation, although GAO maintains that its recommendation is warranted.

View GAO’s full report at: https://www.gao.gov/assets/710/707231.pdf.