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Tag: SBA

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.

SBA aims to boost Black Business Dollars

The U.S. Small Business Administration (SBA) aims to boost federal contracting dollars for Black businesses through an upgraded government contract training program and other initiatives. The agency is revitalizing its SBA 7(j) Training Program, now known as Empower to Grow (E2G), to enhance small, disadvantaged businesses’ readiness for federal contracting, as stated in a recent SBA press release. (Black Enterprise February 5, 2024)

This revamped program coincides with the release of new data from fiscal years 2022 and 2021, indicating record-breaking federal contracting dollars for small businesses across various demographics, including an uptick in contracting dollars for Small Disadvantaged Businesses. (ibid)

In line with these efforts, the Biden-Harris administration has announced measures to broaden small business access to federal contracts, recognizing the federal government’s significant purchasing power globally. The White House specifically acknowledges the E2G program when discussing strategies to bolster support for small businesses and ultimately building wealth in underserved communities. (ibid)

President Joe Biden has set an ambitious goal of allocating 15% of federal prime contracting to small, disadvantaged businesses (SDB) by fiscal year 2025, potentially injecting $100 billion into minority-owned and underserved businesses. (ibid)

The SBA underscores that the E2G program represents just one facet of comprehensive efforts by the Biden-Harris administration and the SBA to achieve the SDB goal. Already, these efforts have resulted in a half-billion-dollar increase in federal contracts awarded to Black-owned small businesses in 2023. (ibid)

SBA Administrator Isabel Casillas Guzman emphasizes the role of small business growth in job creation and community strengthening, highlighting the administration’s commitment to equity and a level playing field for all small business owners. (ibid)

Despite progress, disparities persist, with Black-owned small businesses receiving $9.5 billion from federal contracts in 2022, up $490 million from 2021, while Native Americans captured $19 billion, up $1.62 billion from the previous year. However, these figures pale in comparison to the almost $163 billion spent on all federal contracts that year.(ibid)

Acknowledging these disparities, the SBA is actively addressing barriers to entry for Black businesses in securing government contracts. Additional resources are being allocated to assist more disadvantaged business owners, including Black firms, in overcoming these barriers. (ibid)

Program enhancements to E2G include customizable one-on-one coaching and expanded offerings tailored to the needs of Black-owned firms, with the aim of facilitating connections with state and local contracting opportunities.(ibid)

E2G will introduce new tools to access $2 trillion in state and local bid opportunities, further bridging the gap for Black-owned firms seeking state and local contracting opportunities. (ibid)

The SBA emphasizes that the program’s impact on contracting dollars for Black-owned businesses hinges on participation, with the bid win rate expected to rise due to the heightened emphasis on added E2G resources. (ibid)

Would you like to know more about the program enhancements, one-on-one coaching and expanded offerings of E2G? Give us a call.

Federal Government reaching even higher for Small Disadvantaged Businesses

Last year, small disadvantaged businesses received over 11% of federal contracting dollars. Now, the federal government aims to reach 13%. (Next Gov/FCW October 26, 2023)

The Office of Management and Budget recently issued a memo directing federal agencies to target awarding 13% of their contract spending to small disadvantaged businesses in fiscal year 2024. This objective aligns with a broader target set by an executive order earlier this year, which calls for the government to ultimately allocate 15% of federal procurement dollars to such businesses in fiscal year 2025. (ibid)

The executive order, focused on advancing racial equity and supporting underserved communities through federal government initiatives, also instructed the Small Business Administration to establish annual agency-specific goals in collaboration with other departments to further the government’s overall objectives for small disadvantaged businesses. (ibid)

In her October 18, 2023 memo, OMB director Shalanda Young emphasized that utilizing the federal government’s purchasing power to foster economic growth in underserved communities is a central element of the president’s equity agenda. It also aligns with the administration’s broader economic strategy to bolster small businesses and enhance the resilience of the nation’s supply chains. (ibid)

The memo states that federal agencies awarded small disadvantaged businesses a record-breaking $69.9 billion in fiscal year 2022, representing 11.4% of all contracting dollars and an increase of $7.5 billion compared to the previous year. (ibid)

While agencies also set records for spending on programs designed to improve access to contracts for historically underrepresented groups and small businesses in general, they fell short of the goals for the share of contracting dollars awarded to women-owned small businesses and historically underutilized business zone (HUBzone) small businesses, according to SBA data released earlier this year. (ibid)

Young also highlighted the significance of the 8(a) Business Development program at SBA, which serves as a gateway for expanding access to federal contracts for businesses that have faced past discrimination. She emphasized the need for agencies to continue promoting contract access for HUBZone businesses, women-owned small businesses, and service-disabled veteran-owned small businesses, as these often fall under the category of small disadvantaged businesses. (ibid)

In the past, the General Services Administration and SBA announced the establishment of a pool of small disadvantaged businesses in the 8(a) program to facilitate their access to contracts under GSA’s Multiple Award Schedule Program. (ibid)

Moving forward, OMB will collaborate with SBA, the Domestic Policy Council, National Economic Council, and other entities to advance efforts aimed at diversifying the government’s supplier base. This includes the adoption of innovative acquisition practices to reduce transaction costs for small businesses. (ibid)

Are you part of a small disadvantaged business seeking additional business opportunities with the government? Give us a call.