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Government Contractor’s Blog

Does your MAS software contract comply?

The Office of Management and Budget (OMB) requires federal agencies to use only software that meets government-specified secure development practices. To comply, agencies require software producers to complete a form attesting that their software follows National Institute of Science and Technology (NIST) guidelines. These self-attestation forms may be publicly posted by software producers, or, if not, uploaded to a Cybersecurity & Infrastructure Security Agency (CISA) repository accessible by agencies. (buy.gsa.gov August 27, 2024)

Ordering activities should review publicly posted attestation forms, those already in the CISA repository, or add new forms to the repository. If a software producer cannot attest to all required practices, the ordering activity must require them to submit a Plan of Action & Milestones (POA&M) and review it before using the software. (ibid)

What Does This Mean For You?

  • MAS contractors without software on their MAS contract need not take any action.
  • MAS contractors with awarded software:
    • If the software producer has already posted or provided a form to the CISA repository, they don’t need to submit it again for the same software version.
    • If not, the software producer or MAS contractor must upload a completed form to the CISA repository. If the producer cannot attest to all practices, the ordering activity will require a POA&M for any deficiencies. (ibid)

Have questions or need forms? 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.

Too Small, Too Big, or Just Right

Midsized government contractors find themselves in a challenging position, squeezed between the advantages afforded to small businesses and the resources available to large corporations. While small firms benefit from set-aside contracts and large enterprises have the capacity for significant growth, midsized companies often struggle to compete for both small and large contracts due to restrictive requirements and certifications. (Washington Technology May 2, 2024)

The government contracting landscape favors small businesses, with an increasing number of contracts set aside for socio-economically disadvantaged enterprises. Conversely, large corporations have the financial backing and resources to pursue growth through acquisitions. This leaves midsized firms in a precarious position, with limited opportunities for growth and survival. (ibid)

Structural impediments further compound the challenges for midsized contractors. Stringent compliance requirements and certifications are necessary to win larger contracts, but acquiring these credentials can be a catch-22. For instance, firms may need certifications like the Contractor Purchasing System Review (CPSR) to qualify for certain contracts, but they can only undergo these reviews if they already have contracts that require them. (ibid)

For instance, the Defense Contract Management Agency (DCMA) may require companies to undergo a Contractor Purchasing System Review (CPSR) to verify their efficiency and effectiveness in managing government funds once their anticipated annual sales surpass $50 million. This requirement is logical. However, if a firm lacks an ongoing contract mandating the DCMA audit, they cannot undergo the review, making it nearly impossible to pursue new contracts with similar requirements. This lack of flexibility defies logic. (ibid)

Despite these challenges, midsized firms can leverage the Goldilocks Effect to their advantage. By combining the agility of small businesses with the resources and experience of larger corporations, they can offer tailored solutions and personalized attention to agency customers. Strategies such as tailoring solutions, demonstrating delivery success, and cultivating long-term relationships can help midsized contractors establish themselves as reliable and innovative partners for government agencies. Through patience and differentiation, midsized firms can transform obstacles into opportunities and position themselves as valuable partners in the government contracting ecosystem. (ibid)

Midsized firm looking to capitalize on your experience through innovative partnerships with government agencies? Give us a call.

A New Rule for Cleaner Contracts


The Department of Defense, General Services Administration, and NASA have jointly issued a final rule amending the Federal Acquisition Regulation to enforce the procurement and utilization of sustainable products and services as identified or recommended by the Environmental Protection Agency (EPA). This initiative aims to align federal agencies with environmentally responsible practices, promoting the purchase of products and services that meet specific sustainability criteria. Notably, the rule mandates the acquisition of WaterSense-label water-efficient products and services, as well as Safer Choice-certified products containing safer chemical ingredients, as outlined by the White House. (Executive Gov April 22, 2024)

In addition to the specified product requirements, the final rule compels federal agencies to adhere to the EPA’s recommended environmental standards and ecolabels, which were updated in October 2023. These standards serve as guidance for purchasers to accurately identify and procure environmentally preferable products and services, contributing to the overall sustainability efforts of the government. EPA Administrator Michael Regan emphasized the significance of these enhanced purchasing standards in advancing the administration’s environmental objectives while concurrently bolstering domestic manufacturing and fostering economic growth nationwide. (ibid)

Chair of the White House Council on Environmental Quality, Brenda Mallory, underscored the role of the new standards in supporting President Biden’s Investing in America agenda. By prioritizing the purchase of sustainable products and services certified to EPA-recommended standards and ecolabels, federal agencies can contribute to job creation within the United States while advancing climate action and environmental sustainability goals. Ultimately, this final rule is aligned with the Biden administration’s Federal Sustainability Plan, which aims to achieve net-zero emissions and other procurement objectives by 2050, signaling a significant step towards a more sustainable future.

Looking to align your contracts more closely to the GSA/NASA final FAR regulation? Give us a call.