MySBA Certifications is coming in September!

The new system will allow small businesses to apply for and manage multiple federal contracting certifications in one place. A White House analysis estimates that 40% of small businesses are eligible for multiple federal contracting certifications but only 10% currently hold more than one. MySBA Certifications will change that by--

• streamlining the application process by 40% for a single certification,

• streamlining the application process by 70% for multiple certifications, &

• improving approval times by up to 80% for WOSBs and 8(a) applications.

▶️ If you're already certified and your renewal date falls during this upgrade period, you should receive guidance from your specific certification program on next steps.

▶️ If your application was submitted before the old system went down on 8/1/2024, SBA will continue to process the application during the upgrade period, in the order received.

▶️Applications in the system that are not completed and not yet submitted will remain in the system and not be deleted. However, applications will not be available to work on and cannot be submitted during the upgrade period.

What can I do if my certification status (new or existing) impacts my ability propose on new opportunities during the upgrade period? (Particularly important since this is occurring during the end of fiscal year rush.)

• Contact SBA if you have a proposal that will be impacted by your certification status before 8/1/2024.

• Send an email to certifications@sba.gov with your entity name, UEI, the solicitation number, agency, and quote or offer due date.

• SBA has also provided a phone number for time-sensitive requests. It's 202-205-6459.

For more info visit certify.sba.gov/upgrade

Lowest Price Technically Acceptable (LPTA) - What is it Good For? Absolutely Nothing When Not Used Correctly

LPTA is more prevalent at the end of fiscal year because offer, evaluation, and award timelines are more compressed. Its us is one way to gain some time back in that increasingly shorter and shorter timeline the the clock ticks to 11:59pm on Sep 30th. This article talks to what LPTA is, it's intended uses (and prohibitions), and where the Government gets is wrong while frustrating industry in the process. Should it be used? Get my take in this month's feature.

The "Rule of Two" and the Rest of the Story

If you are a small business, you’ve probably heard that if there are two small businesses interested in a solicitation, the Government is required to set aside that opportunity for small businesses. (INSERT BUZZER SOUND HERE) Not so fast. It’s a little more complicated than that so we are going to break down what the “Rule of Two” means to you and when it comes in and works to your advantage.

Recent Regulatory Changes

(Links in Titles)
 

DFARS Case 2024-D019, Architect and Engineering Service Fees (Final Rule) - This rule changes DFARS to implement Section 2881 of the FY24 NDAA to increase the limitation of the contract price (i.e., "fee") for A-E services for the preparation and delivery of designs, plans, drawings, and specifications from 6% of the project's estimated construction cost to 10%. It is applicable to Army, Navy, and Air Force projects (references in 10 U.S.C. 7540,8612, and 9540). The same 10% also applies to modifications for work not initially included in the contract and redesign.

Published 6/27/2024 | Effective 8/26/2024  

SBA Policy Case SBA-2024-0003, Eliminating Self-Certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs)(Direct Final Rule) - This rule implements Section 864 of the FY2024 NDAA in SBA's policy as of 8/5/2024. It does not change any part of the statute itself.  Comments can be submitted until 7/8/2024.

Published 6/6/2024 | Effective 8/5/2024 Pending Public Comment Review 

Department of Labor (DoL) - Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (Final Rule) - Increases the standard salary level and the highly compensated employee (HCE) total annual compensation threshold and also adds a process for updating the salary and compensation thresholds on a regular basis to adjust for inflation.

The standard salary level and HCE total annual compensation requirement will increase as follows:

▶️ July 1, 2024 -- increase to $844(weekly) and $132,964 (annually), respectively

▶️ January 1, 2025 -- increase to $1,128 (weekly) and $151,164 (annually), respectively

▶️ Every 3 years thereafter on July 1 as determined by DOL.

What was proposed but is not part of this final rule is application of the standard salary level to U.S. territories subject to the Federal minimum wage and an update to the special salary levels for American Samoa and the motion picture industry.

Published 4/26/2024 | Effective 7/1/2024

Proposed Regulatory Changes

(Links in Titles)

FAR Case 2024-004, Combating Trafficking in Persons - Definitions and Agency Responsibilities (Proposed Rule) -- Would amend FAR to align the definition of several terms to the statutory definitions and make conforming changes throughout the FAR. Agency responsibilities would also be aligned with the statutory requirements of 22 U.S.C. 7104(b)(1) and the remedies that may be taken if a contractor is referred to the agency suspending and debarring official.

Published 7/18/2024 | Comments due 9/16/2024

FAR Case 2023-013, HUBZone Program (Proposed Rule) -- Would amend FAR to implement regulatory changes made by the SBA in its final rule published on 4/10/2023 (88 FR 21086) to implement Section 864 of the NDAA for FY2022 (Pub. L. 117-81) to authorize the SBA Office of Hearings and Appeals (OHA) to decide all appeals from formal status protest determinations in connection with the status of a Historically Underutilized Business Zone (HUBZone) concern.

Published 6/7/2024 | Comments due 8/6/2024

DFARS Case 2023-D007, Task Order and Delivery Order Contracting for Architectural and Engineering Services (Proposed Rule) -- This rules proposes a corresponding change to DFARS Subpart 216.5, Indefinite-Delivery Contracts, to require DoD Contracting Officers (KOs) to use qualification-based selections when awarding task orders and delivery orders for AE services that was previously implemented procedurally under FAR Subparts 16.500, 16.505, and 36.6 procedures in 2005.

Published 7/29/2024 | Comments due 9/27/2024

SBA Policy Case RIN 3245-AH68, Tribal Consultation for HUBZone Program Updates and Clarifications and Potential Reforms Under E.O. 14112 (Proposed Rule) --

SBA has included in this proposed rule its consideration to eliminate the exception from affiliation for Mentor-Protege that are Joint Ventures (JVs) under multiple-award contracts or limit application of the exception from affiliation to certain multiple-award contracts. The SBA is also looking to clarify the applicability of the HUBZone price evaluation preference to HUBZone JVs formed under the Mentor-Protege program.

Published 7/22/2024 | Comments via Tribal Consultation Meetings Only 

SEE THE FULL SEMIANNUAL REGULATORY AGENDA HERE!

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