Copy
View this email in your browser
Website
LinkedIn
YouTube
Email
April Newsletter
Share Share
Forward Forward
DoD SPOTLIGHT
Defense Industrial Base Cybersecurity Strategy Released

The strategy aims to sharpen the focus, collaboration, and integration of legacy departmental efforts while providing strategic guidance for new initiatives to realize its vision for a cyber secure DIB (Defense Industrial Base).

The strategy has 4 goals:
1) strengthen the DoD governance structure for DIB cybersecurity
2) enhance the cybersecurity posture of the DIB
3) preserve the resiliency of critical DIB capabilities in a cyber-contested environment
4) improve cybersecurity collaboration with the DIB.

Read More Here
Read the Full Report

DoD Mentor-Protégé Program is Permanent

MPP Portal
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 that permanently authorizes and modifies the DoD Mentor-Protégé Program. Effective as of March 26, 2024. 


Read More Here

GOVERNMENT CONTRACTOR NEWS
GAO Rules on Active SAM Registration and Timing of Award

TLS argues that FAR provision 52.204-7 requires a contractor to maintain continuous registration in SAM during the evaluation period. The Navy responds that the provision does not require continuous registration, but rather only requires a firm to be registered at the time of proposal submission and when any contract is awarded.

After reviewing the regulation, GAO agreed with TLS that FAR provision 52.204-7 plainly and unambiguously requires offerors to maintain their SAM registrations during the evaluation period.
Read More Here
U.S. Department of Labor to Open Online Portal to Certify Affirmative Action Program Compliance
 

The U.S. Department of Labor announced its Office of Federal Contract Compliance Programs will begin accepting online submissions on April 1 from covered contractors to certify they have developed and maintained affirmative action programs for each establishment or functional unit.

Affirmative action requirements ensure that applicants and employees of federal contractors have equal employment opportunity without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.

Read More Here

 

First Changes to the U.S. Census Reporting in 27 Years
For the first time since 1997, the U.S. Census will change how it identifies people by race and ethnicity. Adding new census categories for Middle Eastern or North African will enable better data collection, giving small businesses and government agencies another tool to improve access to small business programs or request expanded services and opportunities in their areas.

Read More Here
REGIONAL NEWS & HIGHLIGHTS

More Than $16 Million Now Available to Advance Innovation in Clean Hydrogen

Supports Research, Development, and Demonstration Projects and Helps Leverage Federal Funding Opportunities

Governor Hochul announced more than $16 million is now available to advance innovation in clean hydrogen through the Hydrogen and Clean Fuel Program. This funding will support research, development, and demonstration projects and also help leverage federal hydrogen funding opportunities, promoting the use of clean hydrogen in industrial processes, clean transportation, energy storage and for grid support. Today's announcement supports the State’s nation-leading Climate Leadership and Community Protection Act goal to transition to 100 percent zero-emission electricity by 2040.

Read More Here

FUNDING OPPORTUNITIES

2024 Manufacturing Grants
Applications Open April 15th 

As part of the Jeff Lawrence Innovation Fund, FuzeHub’s Manufacturing Grants are designed to encourage collaboration between not-for-profit organizations and small to medium-sized manufacturing companies in New York State. The partnership created with the not-for-profit organization serves as a pathway to technology transfer, adoption and implementation of new manufacturing processes, as well as the creation of enhanced products and services, and help manufacturing companies achieve success from early stage, proof of concept through maturity.

Program Goals
To identify innovative projects that support the collaboration of not-for-profit organizations and New York State small to medium-sized manufacturers, leading to the creation of valuable economic impacts in our communities, and the growth of New York’s manufacturing sector.

Available Funding
Individual grants will not exceed $65,000. The number of awards made may vary by funding round depending on other uses of the Fund and the quality of applications received. FuzeHub maintains the right to award less than is being requested.

Applications Open April 15th 

Read More Here

Entrepreneurial Funding

Springboard: $600,000 in prizes to help grow the local entrepreneurial landscape

Springboard is a new competition that awards cash prizes to organizations that help grow the entrepreneurial landscape in Buffalo-Niagara, the Rochester region, and the southern tier.

  • Multiple winners up to $25,000
  • Three rounds, dozens of winners
  • Open to nearly any organization

Springboard is one of the most flexible funding programs in the region, open to local businesses, non-profits, schools, and other organizations that support entrepreneurship and small businesses. 

Read More Here
Apply now

UPCOMING OPPORTUNITIES, TRAINING AND EVENTS

Government Contracting 101 - LIVE
Date: April 11
Time: 10:00 am - 12:00 pm 
Location: Fredrick Douglass Greater Rochester International Airport
Click here to register
Featuring presenters from SBA, City and County Purchasing, and Prime Contractors: ConServe, L3Harris Technologies Space and Airborne Systems, and The Pike Company

How to do Business with FEMA
Date: April 9th
Time: 10:00 am - 12:30 pm 
Click here to register
 

AFVentures Weekly Webinar Series
Date: Thursday, April 11 & 18 
Click here to register

These events are open to small Businesses and government. Attend this weekly webinar hosted every Thursday at 12pm EST to learn about AFVentures Topics and Q&A about our program!

 
ARMY MICC FY24 Advance Planning Briefing for Industry
Date
: April 22 - April 25
Time: 8:30 am - 3:00 pm
Click here to register
The DoD SBIR Tech Expo
Date
: April 22 - April 26
Small Business Training Week
Date: April 29 - May 3
Time: 8:00 am - 5:00 pm
Location: Chicago, IL
Click here to register

2024 SBA Buffalo District Small Business Matchmaker
Date: May 1, 2024
Time: 7:00 am - 11:00 am 
Location: Salvatore’s Italian Prime
Click here to register
City of Rochester Upstate MWBE Conference
Date: May 8 - 10
Location: Joseph A. Floreano Rochester Riverside Convention Center
Click here to register

DoD NERC Conference
Date
: May 15 - 16
Time: 8:00 am - 5:00 pm
Location: Hilton Burlington Lake Champlain 60 Battery St, Burlington VT 05401
Click here to register

Department of the NAVY – Gold Coast
Date: August 19 - 21, 2024
Click here to register

Click below for a full list of upcoming events.
Events Calendar
Visit the MCFL APEX YouTube channel
to view our on-demand training library!
YouTube
TIP OF THE MONTH

Avoiding Kickbacks in Federal Contracting

When government contractors hear the word “kickback,” they may think of a suitcase of cash given to a contracting officer or another federal employee in exchange for favorable treatment. While this type of interaction can constitute illegal bribery or gratuities, the FAR defines an impermissible kickback differently. Kickback violations can carry severe legal consequences, so it is essential that federal prime contractors and subcontractors understand and comply with the rules.

In this article, we will take a brief, “big picture” look at the FAR’s kickback rules. However, this article is just a starting point; contractors should review the rules themselves and consult with a qualified attorney or other expert regarding any compliance measures they may wish to adopt.

What is a “kickback”?

FAR 52.203-7 (Anti-Kickback Procedures) defines a “kickback” as:

“any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.”

Notably, a kickback does not refer to an improper interaction between the prime contractor and a government employee. Instead, a kickback involves an improper interaction between people or entities lower on the contracting chain, such as an interaction between a prime contractor or subcontractor.

It is also important to be aware that a kickback need not be cash but can be another “thing of value.” For example, if a prospective subcontractor offers Super Bowl tickets to a prime contractor’s CEO in exchange for the CEO selecting the subcontractor to work on a federal project, this arrangement would constitute a kickback.

Procedures to Prevent and Detect Kickbacks

FAR 52.203-7 states that a prime contractor “shall have in place and follow reasonable procedures designed to prevent and detect possible [kickback] violations . . . in its own operations and direct business relationships.” Accordingly, a contractor subject to FAR 52.203-7 must adopt anti-kickback procedures.

Additionally, according to the FAR, the contractor must “promptly report in writing” if the contractor has “reasonable grounds” to believe that a kickback violation has occurred. The contractor also must “cooperate fully with any Federal agency investigating a possible violation.”

As always, before adopting new policies or procedures, a contractor should consult with a qualified attorney or other expert.

APEX ACCELERATOR NEWS YOU CAN USE

House Committee Unanimously Approves 8(a) Asset Bill

The House Committee on Small Business has unanimously approved H.R. 6591, the “Encouraging Success Act.” The bill recently passed the full House and is now in front of the Senate. If adopted, the Encouraging Success Act would require the SBA to revisit the 8(a) Program’s economic eligibility thresholds at least every four years and make any necessary inflation-related adjustments to keep the program open to more applicants. The Committee’s support of the bill is a signal that the 8(a) Program still enjoys strong bipartisan support on Capitol Hill following some turmoil in 2023 caused by a federal court decision. Read more about the Encouraging Success Act here

If you want to learn more about 8(a) Program certification and how it could benefit your business or are ready to proceed with an 8(a) Program application, your APEX Accelerator can help! Contact your APEX Accelerator counselor to arrange a meeting.

RECOMMENDED READING

Missouri-Based Defense Contractor Admits Fraud
A defense contractor based in Missouri has admitted to “illegally obtaining parts for the military overseas, undercutting domestic suppliers.” The contractor was awarded several DoD contracts containing domestic sourcing requirements but “actually provided parts from China and other foreign countries.” The contractor now faces penalties of up to 20 years in prison, a fine of up to $250,000, or both. This case is a good reminder of the importance of abiding by domestic sourcing requirements in government procurements. Read more about this case here.

CMMC & FOCI NEWS OF NOTE

This section highlights items of special interest and importance to the Department of Defense Office of Small Business Programs (DOD OSBP). Please take a moment to visit the sites listed below for additional information. We also suggest that you read the latest edition of the DOD’s Small Business Digest (log into LinkedIn to access this resource) if you want to do business with the DOD.

Cybersecurity Maturity Model Certification (CMMC)/Cybersecurity Compliance Resources
DOD CMMC Resource Page – Resources to assist government contractors with understanding and complying with CMMC/cybersecurity requirements.
Project Spectrum – Project Spectrum is working with APEX Accelerators to assist small businesses in achieving compliance with CMMC/cybersecurity requirements. 

Foreign Ownership, Control, and Influence (FOCI) Resources
FOCI Frequently Asked Questions -- FOCI is a status or situation in which a contractor with access to classified information has some foreign investment or association with foreign interest. Learn more about the federal government’s requirements relating to FOCI. 
https://business.defense.gov/ – The official website of DOD OSBP. It contains additional information, news, events, and other items for those interested in doing business (or currently engaged) with the DOD.

Nearly 300 Comment on Proposed CMMC Rule
The public comment period for the proposed CMMC rule closed in late February, and the DoD received nearly 300 comments on its proposal. 


Defense Department Releases Companion Video for CMMC Public Comment Period
The DoD has released a 40-minute video that “explains the nuances, complexities, and importance of the recently published proposed rule for its Cybersecurity Maturity Model Certification program.” Learn more and view the video here


Cybersecurity and Data Protection: 2023 Recap and 2024 Forecast
This comprehensive resource from the law firm SheppardMullin covers five primary topics: CMMC, FAR cybersecurity updates, software security, FedRAMP & AI considerations, and fraud/enforcement. You can review the resource here
Website
LinkedIn
YouTube
Email
Not a client? Sign up today for our FREE services. 
Sign Up Here

City Place Building
50 West Main St., Suite 1150 
Rochester NY, 14614     

585.753.2017
apex@monroecounty.gov
www.mcflapex.org

Copyright © 2024 MCFL APEX, All rights reserved.


Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list.

Email Marketing Powered by Mailchimp