DOD Seeks Increased Microelectronics Funding for FY 2024

Innovative Contracting Services has served as an extension of clients’ teams by bringing highly skilled personnel with technical acumen to daily processes or specialized projects. From Front End Engineering Design to Database Management, Mapping to Administrative Support and more, ICS solutions will fortify and expand a company’s resources in whatever capacity is needed. ICS has been in business for over a decade, starting in 2011.

ICS takes great pride in being a women-owned business, a feat that is still too rare, especially in the utility and technology fields. Tara Colon, Melissa Ruff, and CEO-owner Dr. Jaclyn Paetsch share a common goal in their leadership positions: to empower other women and any underrepresented groups to have their voices heard and their efforts recognized from the manufacturing floor to the boardroom table.

Expand Your Company’s Capabilities & Potential (icssupports.com)

Final Rule - Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program 
 

This final rule makes several changes to the ownership and control requirements for the 8(a) Business Development (BD) program, including recognizing a process for allowing a change of ownership for a former Participant that is still performing one or more 8(a) contracts. 

The rule also makes several changes relating to 8(a) contracts, including clarifying that a contracting officer cannot limit an 8(a) competition to Participants having more than one certification and clarifying the rules pertaining to issuing sole source 8(a) orders under an 8(a) multiple award contract. The rule also makes several other revisions to incorporate changes to SBA's other government contracting programs.

Read in full here - Federal Register 8(a) Requirements

National Small Business Week Virtual Summit
Date: May 2-3
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Buffalo Government Contracting Matchmaker
Date: May 3
Time: 8:00 - 11:00
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AFVentures Weekly Webinar Series
Dates: May 4
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Topic: (SBIR/STTR) Deep Dive and Q&A
Join Maj Adam Sheridan, Open Topic Branch Chief, and his team as they share behind-the-scenes workings of Open Topic.
 

Air Force Forum
Date: May 10
Time: 8:30 - 4:00
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The Cyber Threat is real: Resources Available for Small Business
Date: May 11
Time: 1:00 - 4:00
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2nd Annual Start Expo
Date: May 15
Time: 2:00 - 5:00
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The U.S. Small Business Administration will host its 2nd annual Startup Expo – showcasing innovative ventures that define the cutting edge of technologies critical for our nation’s economic prosperity, global competitiveness, and national security!

VETS23 Conference 
Date: May 22-25
Location: Orlando, FL
Click here to register

Two Common Small Business Size Misconceptions 

When it comes to federal government contracting, qualifying as a small business can open many doors: set-aside competitions, inclusion in large prime contractors’ subcontracting plans, potential eligibility for socioeconomic programs like the 8(a) Program, and others. But determining whether you’re small can be trickier than it seems.

Before self-certifying as small, you should carefully review and understand the SBA’s small business size rules in 13 C.F.R. Part 121. In this newsletter, we’ll take a brief look at two very common misconceptions contractors have about qualifying as a small business for federal contracting under revenue-based size standards.(*)

Misconception #1: Only Revenues In The Primary NAICS Code Count 

Many contractors mistakenly believe that when they calculate their small business size, they need only count revenues generated under their primary North American Industry Classification System (NAICS) code. For example, an Information Technology contractor may believe that it should only count revenues generated from contracts classified with NAICS code 541511 (Custom Computer Programming Services) while excluding revenues generated from all other types of work.

While this approach may have some logical appeal, it is not the rule. Under 13 C.F.R. 121.104, a company cannot exclude revenues based on the NAICS code in which they were generated. Allowing such exclusions could lead to abuses: imagine Google, a multi-billion dollar behemoth, deciding to bid on a general construction contract and calling itself “small” because it hadn’t previously generated revenues in that NAICS code!

Misconception #2: Only Federal Contract Revenues Count

A second common misconception is that a company’s size is based only on revenues generated from federal prime contracts. Companies operating under this misconception believe that revenues generated from other types of contracts, such commercial contracts and contracts with state and local governments, can be excluded.

Again, this approach may have some logical appeal, but it is incorrect. According to 13 C.F.R. 121.104, no such exclusion is permitted. In fact, the list of permitted exclusions is very narrow. Most contractors aren’t entitled to any exclusions at all!

The bottom line: self-certification as a small business requires understanding and due diligence, so carefully review the SBA’s regulations before submitting your self-certification in the System for Award Management. 

(*)Most federal contractors, including service contractors and construction contractors, operate under so-called “revenue-based” or “receipts-based” size standards. Others, however, including manufacturers and resellers, may operate under “employee-based” size standards. This newsletter discusses only the former.

Forming a Joint Venture? SBA Stresses Importance of Complying With State Law 

Forming a joint venture under the SBA’s regulations can be tricky enough as it is. However, a recent SBA Office of Hearings and Appeals decision highlights an issue some contractors may neglect while working to comply with the Code of Federal Regulations: complying with applicable state laws, too. Read the article here.

SBA Releases Preview of New HUBZone Maps Effective July 1, 2023

In 2021, the SBA “froze” the existing HUBZone maps to give the SBA time to address data collected during the 2020 Census. That freeze will soon expire, meaning that some areas that once were HUBZones may no longer qualify for that status, while current non-HUBZone areas may be added. Many contractors, understandably, are anxious to see what the July maps will look like. SBA recently released a “preview” of its new maps to give contractors a heads-up on what the summer will bring. Read the full article (including a link to SBA’s preview maps) here. 


HUBZone Appeals Coming Soon

The SBA has released a proposed rule to allow companies to appeal from HUBZone status determinations issued by the SBA’s HUBZone Program Director. Under current law, the “D/HUB’s” decision in a HUBZone protest case cannot be appealed to the SBA’s Office of Hearings and Appeals, even if one party is confident that the decision is erroneous. The new process will provide a potential extra layer of review and should help ensure that HUBZone protest decisions are fair. Read about the pending rule here. 


Intel Agencies See ‘Appealing’ Use Cases for OTAs

Intelligence agencies are increasingly making use of other transaction agreements to acquire artificial intelligence tools and other technologies from non-traditional contractors, with civilian spy agencies like the CIA on the cusp of being granted OTA authority. Read more about the continuing upswing in the use of OTAs here.