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Selling to the government

Self Certification — No More ;-(

The 2015 National Defense Authorization Act mandated that the Small Business Administration (SBA) discontinue self-certification of women-owned and other small businesses. In 2020, SBA plans to finalize a self-certification rule that closes a loophole allowing participants in the SBA’s Women-Owned Small Business (WOSB) program to self-certify. (Federal News Network, June 2019)

Approximately one-quarter of all federal contracts are held by small businesses, which over the past six years has helped federal agencies to  exceed  SBA’s governmentwide small business contracting goal. This year’s spending of more than $120 billion on small business contracts surpasses last year’s spending by nearly $15 billion.

The Government Accountability Office reported in March that almost 40 percent of WOSB-certified businesses were ineligible. Meanwhile, SBA’s Office of Inspector General June 2018 audit found 89 percent of sole-source (50 out of 56 contracts) did not meet all program criteria. Basically, there is currently no way to know if the contracts, listed in the chart below, were actually eligible for the sole-source awards. (ibid)

Rob Wong, SBA’s associate administrator of the Office of Government promotes a formal certification to  give the program some much-needed integrity. Wong said, “simply put, the wrong companies were receiving our contracts, we want to make sure that, if a company receives a contract through these programs, they’re actually eligible to receive it.” (ibid)

SBA has subsequently published a proposed rule in the Federal Register eliminating self-certification and providing a free online certification application to WOSB. Comments on the proposed rule are being accepted until July 15. In Wong’s opinion, it is high time to streamline the vetting process for the many other set-aside programs, all of which have different sets of eligibility criteria. Wong feels that going to three formal certifications for 8(a), Historically Underutilized Business Zones, women-owned, and service-disabled veterans will unify the processes. The rule with set-aside screening is expected to take a year for the changes to take effect. (ibid)

Do you have questions about the new certification process and how it may affect your current contract or an upcoming opportunity? Give us a call at 301-913-5000.

Training to Go FAST!

GSA recently announced that it will be holding a Federal Acquisition Service Training (FAST) Conference in Atlanta April 12 – 16, 2020. This event will promote constructive dialogue and facilitate an environment where the government and industry can come together to be educated on GSA’s contracting programs. (Federal News Network, May 2019)

The FAST conference is expected to provide many hours of procurement training, as well as providing GSA, government agencies, and industry with an opportunity to share information on key program initiatives, acquisition policies, commercial capabilities, and commercial marketplace trends. It will provide a forum to bring together all of GSA’s agency customers and industry partners under one roof to collaborate, educate and network. (ibid)

Have questions about the FAST conference and whether you should attend? Give us a call at 301-913-5000, and we can discuss it with you.

Accelerating Money to Small Business

If the Accelerating Defense Innovation Act passes Congress, small businesses with more than 50 percent of venture capital funding will find it easier to obtain Small Business Innovation Research (SBIR) grant money from the Department of Defense (DoD). To date, legal hurdles have prevented DoD from utilizing these companies. (Fedscoop, May 21, 2019)

The SBIR, created in 1983, provides small businesses with grants to help them expedite product development, and offers follow-on funding and assistance to provide guidance meeting requirements during the government purchasing process. In 2003, courts ruled that companies owned (more than half) by venture capital firms were ineligible for SBIR grants. Then in 2011, a waiver was created by Congress for those small businesses that are majority-owned by venture investors. These waivers required congressional notification as well as Small Business Administration approval. (ibid)

Unfortunately, DoD has never used the waiver. Defense Contracting Officers continue to shy away from small businesses funded through venture capital. Rep. Mac Thornberry (R-Texas), the new legislation sponsor, cited a recent example of a small satellite technology startup that visited DoD’s Hacking 4 Defense program but did not receive an SBIR grant because of the majority capital investment in the firm, even though their technology is cutting edge. (ibid)

A new pilot program, on which the legislation is based, allows the Secretary of Defense and service acquisition executives for each arm of the military to make an SBIR award to a small business that is majority-owned by domestic venture investors. The bill will allow no more than 15 percent of DoD SBIR program funds to be awarded to these small businesses. Its end date of September 30, 2022. (ibid)

Aside from SBIR, small tech companies can look at other ways to work with the DoD. For instance, the Defense Innovation Unit currently handles commercial innovation pilot projects. Once testing is complete, any DoD branch may procure from a small business, generally within 90 days of the first contact with the company. (ibid)

Rep. Thornberry, the ranking Republican on the House Armed Services Committee, would like to include his legislation in the 2020 National Defense Authorization Act (NDAA).

EZGSA has information about this and other ways small businesses can obtain government contracting. Give us a call at 301-913-5000.

 

HHS is buying smarter

Over the past 18 months, the Department of Health and Human Services (DHHS) has been developing the Buy Smarter Initiative. The production phase has ended, and with it a new name: “Reimagined Buy Smarter.” Reimagined Buy Smarter uses artificial intelligence (AI) to analyze vast amounts of data, comparing prices along with other money saving plans. (Federal News Network, May 17, 2019)

Last year, 97,000 contracts were fed into an AI solution. Algorithms and a proof of concept of 10 product categories demonstrated significant price differentials on the same items. For instance, the same case of copy paper was $27 a case in one instance and $59 in another. (ibid)

DHHS wants requirements operating across all divisions in order to use of economies of scale. Through the development process, they have found that many departments order the same items, but from different contracts at pricing all over the map and duplication of efforts. With Reimagined Buy Smarter, DHHS  departments can consolidate requirements, utilize economies of scale, and eliminate unnecessary contracts. (ibid)

They plan to introduce 18 steps of technology for buyers.  The program has a $49 million multi-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract for a catalog of new and emerging technologies. DHHS hopes “to get a very large number of vendors who can provide services that can be shared/scaled across HHS and ultimately the entire government.” (ibid)

DHHS created the new contract due to older contracts being so outdated. The Program Support Center for DHHS receives many requests for new technologies, but by the time the contracts are awarded, they are already obsolete. Additionally, contracting officers have spent a lot of time cutting and pasting from a “paper” system, which will be answered by a pre-populating process automation. (ibid)

Findings suggest the following categories of spending:

  • Medical and lab supplies
  • Software licenses
  • Professional services (ibid)

Workgroups are forming to address consolidating contracts for shared opportunities, eliminating overlapping or unnecessary contracts, and taking advantage of economies of scale. (ibid)

Interested in discussing Reimagined Buy Smarter? Give us a call at (301) 913-5000.