MCFL APEX Accelerator Presents:
Air Force Forum – An Engagement for Industry and Academia

An opportunity to have in-depth conversations and information sharing with key small business representatives from Air Force Material Command, Air Force Installation and Mission Support Center, Air Force Research Labs, and AFWERX.

Learn about growing and strengthening partnerships, strategies, and new DoD funding for innovators. This event includes panel discussions with the Air Force, and Prime Contractors L3Harris Technologies, Inc., and Lockheed Martin Corporation.

Hawkeye Transportation & Delivery, LLC 

Hawkeye Transportation & Delivery is a Rochester-based pharmaceutical prescription delivery service company. They are in their fifth year of business, operating seven days a week serving wholesale pharmacies throughout Western New York. They provide uninterrupted service to approximately 125 customer facilities from Dunkirk to Syracuse, including assisted living facilities, New York State Department of Development Disability Services office, residential facilities, and community supervision facilities. 

Hawkeye Transportation & Delivery has received its MBE Certification at the NYS and County level, and is an SBA Certified Veteran Owned Small Business. David hopes that Hawkeye continues to prosper, as it has turned into a family business. The business has been steadily growing since day one.

David M Hawkes, Sr., says, “I salute the County for this initiative, and I thank wholeheartedly the MCFL APEX Accelerator, for assisting us in the federal certification process. Getting the correct certifications is key to the success of procuring federal contracts. The MCFL APEX team is extremely patient, knowledgeable, and professional."

  

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

Click here for the registration link

How to Prepare for a Matchmaker – SBA Buffalo District Matchmaker

Date: April 19
Time: 11:00 am - 12:00 pm
Register here

If you plan on attending the SBA’s Buffalo Matchmaker on May 3, or any other matchmaker event, this training will prepare you for our interaction with buyers.

FAR-Compliant Nondisclosure Agreements

Government contracting is a highly competitive business. So it’s little wonder that many contractors require their employees and subcontractors to sign agreements prohibiting them from disclosing the Contractor’s confidential information. Using a fair and effective nondisclosure agreement can be smart, but many contractors don’t realize that the Federal Acquisition Regulation limits the permissible scope of an NDA. 

Under the FAR, a contractor cannot impose an NDA that would prevent lawful whistleblowing. FAR 52.203-19, a clause titled “Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements,” says, in part:

The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

The clause then goes a step further, requiring:

The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

A sister clause, FAR 52.203-18, says that by submitting an offer in response to a solicitation containing the clause, the Contractor represents that it will not require employees or subcontractors to sign NDAs that would violate the prohibition in FAR 52.203-19.

Many contractors’ standard NDAs strictly prohibit the disclosure of confidential information without mentioning the whistleblower exceptions required by FAR 52.203-18 and -19. To help ensure compliance with the FAR – and be more easily able to demonstrate that compliance in the event of an audit – contractors may wish to consider including “carve-outs” in their NDAs, stating that the nondisclosure obligation does not apply to the whistleblower matters covered by these FAR clauses. Of course, it’s wise to check with your legal counsel before making any changes to an NDA or any other contractual document. 

The Department of Veterans Affairs has released a final rule amending the VA’s Acquisition Regulation to impose new cybersecurity procedures and processes to protect sensitive VA data and health information. These VAAR additions will require affected contractors at all tiers to implement internal controls to properly handle sensitive information for VA systems and impose unreasonably short reporting requirements for breaches. Read about the new VA cybersecurity requirements here. 

SBA Says Goodbye to Reasonable Commute Rule for SDVOSBs 

The SBA has eliminated the requirement that a service-disabled veteran live within a "reasonable commute" of the SDVOSB's headquarters and/or job site. The rule had come under fire for being inconsistent with the shift to remote work and for failing to distinguish between industries in which remote work is commonplace and those in which working remotely would be more challenging. Read about the SBA's rule change here. 

Navy Office of Small Business Programs Hits the Street to Try and Increase 8(a) Awards

After missing its Fiscal Year 2022 goal for awards to Small Disadvantaged Businesses (a category including 8(a)s), the Navy is stepping up its efforts to make awards to 8(a)s -- but the numbers from the first half of the current fiscal year suggest that the agency still has some work to do. Read about the Navy’s efforts to increase its 8(a)/SDB contracting here.