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Small Business

New SBA Recertification Rule Brings Major Changes for Small Business Contracting

On December 17, 2024, the Small Business Administration (SBA) implemented significant changes to its recertification rules, affecting small businesses and larger companies involved in mergers and acquisitions (M&A). These changes directly impact eligibility for new contracts and existing work under recertified business size or program statuses. Below are key highlights. (Pillsbury December 23, 2024)

New Terminology Clarifies Certification Status
The SBA’s new rule introduces disqualifying and qualifying recertifications and places them in the new section 13 C.F.R. 125.12. (ibid)

  • Disqualifying recertification occurs when a contractor certifies it is no longer small or eligible for specific small business programs. (ibid)
  • Qualifying recertification confirms that a business remains eligible for set-aside awards. (ibid)

A qualifying recertification allows businesses to compete for new set-aside orders for up to five years unless a disqualifying event follows. (ibid)

Timing for Size Determinations
The Small Business Administration’s (SBA) rule reiterates that size is determined at proposal submission, not at contract award. However, for most unrestricted multiple-award contracts (MACs), size is set at proposal submission for individual orders, except under the Federal Supply Schedule (FSS), where size depends on the latest recertification. (ibid)

Recertification Events (exceptions to the general rule)
Certain events trigger mandatory recertifications:

  • Mergers, acquisitions, or novations require recertification within 30 days of the event. (ibid)
  • Long-term contracts exceeding five years require recertification before the fifth year and each option period. (ibid)
  • Contracting officers may request recertification for specific orders or agreements. (ibid)

Impact on Set-Aside MACs

The new rule will prevent agencies from awarding new set-aside task orders or options after a disqualifying recertification under MACs. However, this prohibition will not take effect until January 17, 2026, giving businesses time to adjust. (ibid)

Transactions Between Small Businesses
If a merger or acquisition involves two small businesses, the contractor remains eligible for set-aside awards and options, though the contract terms may impose additional limitations. (ibid)

New Size Protest Rights
SBA now permits size protests for recertifications under MACs, empowering other contract holders to challenge competitors’ size status. (ibid)

Could you use some guidance navigating the new recertification rule? Give us a call.

The Army’s end of year checklist for Small Businesses

Prepare for success in 2025 by reviewing your business strategy and making key updates. Use this checklist to stay on track and position your business for growth.

  • Update Legal Documents and Certifications Keep your licenses, permits, and registrations current. Apply for SBA certifications at Certify.SBA.gov, and refine your Capability Statements to highlight past performance. (Army Office of Small Business December 23, 2024)
  • Explore New Contracting Opportunities Check Acquisition.gov and the GSA Forecast Tool to discover upcoming federal contracts. Use SubNet to find subcontracting opportunities posted by large prime contractors. (ibid)
  • Tap Into Mentorship and Support Connect with your local APEX Accelerator for personalized advice and free resources. SCORE Mentors offer expert insights on strategy, marketing, and operations. (ibid)
  • Plan Your Finances Review financial statements, gather tax documents, and visit IRS.gov for updates. Consider working with a tax professional to maximize deductions and stay compliant. (ibid)

Action taken today can lead to big successes in the year ahead. Find more information at army.mil/osbp. (ibid)

If you would like assistance updating licenses and permits, crafting a capabilities statement, or exploring new opportunities, give us a call.

The Rule of Two to Transform Small Businesses

The SBA proposed a rule on October 25, 2024, aiming to transform small business contracting by requiring agencies to apply the “Rule of Two” to task and delivery orders under multiple-award contracts (MACs). The Rule of Two ensures contracts go to small businesses when at least two qualified small firms can meet price, quality, and delivery standards. This rule will apply to orders exceeding the micro-purchase threshold, with exemptions for orders placed under the General Services Administration’s Federal Supply Schedule or in cases where there are supply chain risks or national security concerns. (HSToday.US November 7, 2024)

Driven by concerns over declining small business participation, the SBA estimates this rule could increase small business contracts by $6.1 billion annually. It supports the Biden administration’s goal of 15% federal contract spending with small disadvantaged businesses (SDBs) by 2025. In fiscal 2023, 28.4% of federal contract dollars went to small businesses, yet new entrants to federal contracting have dropped nearly 60% since 2010. (ibid)

The SBA proposal requires agencies to document their decision when they choose not to set aside a contract under the Rule of Two. Agencies must conduct market research, justify their rationale, and coordinate with small business specialists. For orders under MACs with fewer than two small business contract holders, agencies must explain their decision, with exceptions for contracts under the Federal Supply Schedule and other specific exemptions. (ibid)

This proposal builds on a January 2024 memorandum from the Office of Federal Procurement Policy, which directed agencies to document such decisions. The SBA aims to address inconsistencies in applying the Rule of Two, which arose from differing interpretations by the Court of Federal Claims and the GAO regarding its use in MACs.aiming to improve compliance and Public comments are open until December 24, 2024, with the SBA encouraging input from stakeholders. If adopted, the rule promises to level the playing field, boost small business participation, and diversify the federal supply chain. (ibid)

Questions concerning the Rule of Two? Give us a call.

SBA Certifications Upgrade: What You Need to Know

The Small Business Administration (SBA) will upgrade the process for applying for and managing federal contracting certifications. Here’s what you need to know:

The SBA’s certification upgrade begins August 1, 2024. During the upgrade, the SBA will not accept initial certification applications. The upgraded system should be available for new certifications in early September. (certify.sba.gov)

What Does This Mean for My Firm?

  • Most certified firms will not be impacted by the application pause.
  • New or prospective applicants should wait to apply after the upgrade.
  • The SBA will process applications submitted before August 1, 2024, in the order received.
  • Firms needing to renew should receive guidance from their certification program.
  • Firms facing a critical contracting deadline can contact certifications@sba.gov and provide the proposal number, agency, and bid due date. (ibid)

Which Certifications Are Impacted by the Upgrade?

  • Women-Owned Small Business (WOSB)
  • Economically Disadvantaged Women-Owned Small Business (EDWOSB)
  • 8(a) Business Development Program
  • Veteran Small Business Certification (VOSB)
  • Service-Disabled Veteran-Owned Small Business (SDVOSB)
  • Historically Underutilized Business Zones (HUBZone) Program (ibid)

The SBA will provide more resources and guidance in the coming days.

Have questions or need additional guidance, give us a call.

The Bad, the Ugly and some Good

Small businesses experienced a mixed bag in their pursuit of federal contracts during fiscal year 2023. On one hand, the government allocated a record-breaking $178.6 billion to small businesses, marking a significant increase from previous years. However, this surge in funding was accompanied by a concerning trend: a decline in the number of small businesses securing prime government contracts, dropping by 2.2 percent compared to the previous fiscal year. (INC. May 1, 2024)

Despite receiving a larger share of federal contracting dollars, small businesses faced formidable challenges in competing for contracts. The competitive landscape remains dominated by larger, more established players, placing smaller enterprises at a disadvantage due to their limited resources. Contract bundling further exacerbates the issue by consolidating contracts into larger, more complex opportunities that are often inaccessible to smaller firms. (ibid)

Another hurdle for small businesses is the complexity of federal contracts, which can be daunting to navigate. The House of Representatives recently passed a bill aimed at simplifying the language within federal contracts to make them more accessible and comprehensible to small businesses. This initiative seeks to level the playing field and enhance the competitiveness of smaller players in the federal contracting arena. (ibid)

Despite these challenges, the Small Business Administration (SBA) under Administrator Isabel Guzman has implemented initiatives to expand contracting opportunities for small businesses. This includes revising size standards to broaden access to agency programs, benefitting thousands of entrepreneurs across various industries. While progress has been made in meeting procurement spending targets for certain small-business categories, there is still work to be done to ensure that all small businesses have equitable access to federal contracting opportunities. (ibid)

Do you have questions about size standards or a particular upcoming opportunity? Please give us a call.