Now What? My Offer was Excluded from Further Consideration

Often small businesses face several conundrums when they are on the receiving end of a notice of elimination from the competitive range and then faced with a decision on when to receive a debriefing or, if necessary, to protest. We break it down for you so you make an informed decision.  

Post Award Compliance - Thinking Beyond the Win

After responding to Requests for Information (RFIs) and preparing submissions under Requests for Quote (RFQs) and/or Requests for Proposal (RFPs), you get your first WIN! You are now a Federal prime contractor! Maybe it’s a small contract, or maybe not. But now that you have your foot in the door with your first win, don’t forget that performance is not only about the scope of work

What's Ahead

Recent Regulatory Changes

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DFARS Case 2023-D010, Data Requirements for Commercial Products for Major Weapon Systems (Final Rule) - Amends DFARS to clarify data to be provided for certain procurements related to major weapons systems, implementing Section 803 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 (12/22/2023). Additional guidance on data to be submitted or access provided to the Contracting Officer to support any commerciality and price reasonableness determinations by the Government is also outlined.

Published & Effective 5/30/2024 

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 

*****Don't Skip This*****

Equal Employment Opportunity Commission (EEOC) - Pregnant Workers Fairness Act (PWFA) (Final Rule) - Applies to public and private employers with 15 or more employees, unions, employment agencies, and the Federal Government, ensuring qualified employees receive protection against discrimination with pregnancy, childbirth, and associated medical conditions, reasonable accommodations, and retaliation.

Published 4/19/2024 | Effective 6/18/2024

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

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Request for Information (RFI) - FAR Part 40, Information Security and Supply Chain Security. The FAR Council is asked for feedback on the contents of the forthcoming FAR Part 40, stating that security-related requirements will include and go beyond information and communications technology (ICT). The RFI poses questions to industry about the tests for whether existing regulations would be moved to FAR Part 40 and the scope of the Part.

Published 4/10/2024 | Comments due 6/14/2024

DFARS Case 2024-D004, Pilot Program to Incentivize Contracting with Employee-Owned Businesses (Proposed Rule) -- Would add a new DFARS Part 270, Defense Contracting Programs and authorize Contracting Officers to award one sole-source, follow-on contract for the continued development, production, or provision of products or services that are the same or substantially similar to those procured under previous contracts awarded by or for DoD to contractors who are a "qualified business". A qualified business is defined as an S Corporation for which 100% of the outstanding stock is held through an employee stock ownership plan.

Published 5/30/2024 | Comments due 7/29/2024

DFARS Case 2022-D016, Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (Proposed Rule) -- Would amend the DFARS to implement section 815(b) of the NDAA for FY 2012, which addresses validation of proprietary data restrictions to increase the validation period for asserted restrictions from three years to six years. Includes a prescribed time limit for validation of asserted restrictions, if the technical data involved are the subject of a fraudulently asserted use or release restriction.

Published 4/25/2024 | Comments Due 6/24/2024

DFARS Case 2022-D014, Modification of Prize Authority for Advanced Technology Achievements (Proposed Rule) -- Would amend the DFARS to implement section 822 of the NDAA for FY 2022 to provide the authority to carry out advanced technology prize programs to award contracts in recognition of outstanding achievements in basic, advanced, and applied research; technology development; and prototype development.

Published 4/25/2024 | Comments Due 6/24/2024 

DFARS Case 2021-020, Preference for United States Vessels in Transporting Supplies by Sea (Proposed Rule) - Would amend the DFARS to implement section 1024 of the NDAA for FY 2021 to clarify circumstances in which DoD may seek a waiver from the basic requirement for DoD supplies to be transported by sea in either vessels belonging to the United States or vessels of the United States.

Published 4/25/2024 | Comments Due 6/24/2024

SBA Policy Case 2024-0004 WOSB Federal Contract Program Updates and Clarifications (Notice of Proposed Rulemaking) - Adds definitions that are not currently included in the regulations to conforming to current statutes that have not yet been integrated. The rule would also adopt similar language to that used in SBA's other government contracting program regulations regarding the length of time that a firm that has been declined three times must wait before reapplying to the WOSB Program as well as limits on outside employment.

Published 5/16/2024 | Comments Due 7/15/2024 

SEE THE FULL SEMIANNUAL REGULATORY AGENDA HERE!

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