What's Ahead

Featured Small Business Events - July & August 2023

Upcoming Regulatory Changes:

• FAR Case 2022-006 Sustainable Procurement (pending publication) updates the definition of "biobased product" to that found in 7 U.S.C. 8101 and 8102.

• FAR Case 2020-016 Rerepresentation of Size and Socioeconomic Status (pending publication) requires small businesses complete a rerepresentation of their size and socioeconomic status for orders under multiple-award contracts. (Implements in FAR the SBA Rule 3245-AG94 published on 11/8/2019)

• FAR Case 2020-005 Explanations to Unsuccessful Offerors on Certain Orders Under Task and Delivery Order Contracts (pending publication) requires that for task / delivery orders valued over the simplified acquisition threshold ($250,000) less than or equal to $5.5 million, Contracting Officers provide a brief explanation as to why the offeror was not selected to include the evaluation of the significant weaknesses or deficiencies in the offer, upon written request from an unsuccessful offeror. (Implements section 874 of the NDAA for FY 2020 (Pub. L. 116-92))

Recent Regulatory Changes

• FAR Case 2023-010 Prohibition on a ByteDance Covered Application prohibits contractors from having TikTok or other successor application/service on any IT owned/managed by the Government OR used/provided by the contractor under a contract, including equipment provided by contractor employees (i.e., "bring your own device" policy). Correction to FedSubK NOW! Issue 01: This rule applies to devices regardless of whether the device is owned by the Government, the contractor, or the contractor's employees. (Interim Rule effective 6/2/2023 - public comment period ends 8/1/2023)

• SBA Corrections to the Veteran-Owned Small Business Federal Contracting Program, effective 7/3/2023, clarify that (1) SBA cannot accept documentation from the DoD as evidence of service-disabled veteran status and by law must verify the status with the Department of Veteran Affairs, (2) clarifies that a firm must be certified at the time of an offer on a VOSB or SDVOSB contract, and (3) revises the process regarding VOSB and SDVOSB status protests.

• WOSB Recertification Changes from Annually to Every Three Years effective 5/30/2023. SBA will send email notifications at the 120-day mark of each three-year certification anniversary. Recertification may begin at the 90-day mark prior to the recertification date.

Service Contract Labor Standards (SCLS): The Very Basics

What are Department of Labor (DOL) wage determinations? Are DOL's rates a floor or ceiling? Is every employee subject to the SCLS? Do I have to track fringe benefit payments? Learn the basics about how employees are classified and how the SCLS applies to covered contracts. FedSubK launches its first in a series of FedSubK Snapshots covering this topic. Even with the very basics, you'll be as cool as a cucumber when it comes to the hot topic of wages!

Limitations on Subcontracting (FAR 52.219-14)

When determining your team for a Federal opportunity that is set-aside for small businesses (including 8(a), SDB, WOSB/EDWOSB, or SDVOSB set-asides), remember that the type of work and your entity's status will determine how much of the work you can subcontract to first-tier subs. Refresh your knowledge of compliance thresholds and stay out of hot water on your next contract.

Key Dates in Federal Contracting

• Jul 1 - Q4 FY 2023 Begins

• Jul 1 - HUBZone Map Changes Became Effective -- see the new map here.

• Jul 14 - Questions due on GSA's OASIS+ RFPs

• Sep 13 - Proposals due for GSA's OASIS+ RFPs

• Sep 30 - GSA Acquisition Gateway to be decommissioned. Watch here for a new site coming summer 2023!

• Sep 30 - GSA's Moratorium on Certain Economic Price Adjustment (EPA) Clause Limitations Ends

• Sep 30 - Q4 FY 2023 Ends / Oct 1 - Q1 FY 2024 Begins  

• TBD 2023 - GSA 8(a) Multiple Award Schedule Pools for Competitive and Sole Source Opportunities

Expand Your Federal Contracting Knowledge