Small Business
Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government
Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government was issued by the president this week builds on one he signed his first day in office as well as other executive and legislative actions. To read the full executive order, click here. [February 2023]
Biden-Harris Administration to Begin Accepting Applications on January 9 for SBA Veteran Small Business Certification Process
The U.S. Small Business Administration (SBA) began accepting applications through the Veteran Small Business Certification (VetCert) program as part of the Biden-Harris Administration’s commitment to expanding access to resources for Veterans and other underserved populations. The improvements in the customer experience for Veteran entrepreneurs and business owners made by VetCert will build upon the $25 billion in government contract spending with service-disabled Veteran-owned small businesses (SDVOSBs) in Fiscal Year 2021. The transfer of Veteran certification responsibility from the Veterans Administration (VA) to the SBA aligns with the Biden Administration’s focus on stronger interagency collaboration. The two agencies working closely together to accomplish a complex task benefits not only the Veteran community but the nation as a whole. Click here to read more. [January 2023]
A Federal Court Decides When a Contractor Size Rule Actually Takes Effect
A few years back, Congress changed how the Small Business Administration would calculate whether a business qualified as small. It had been the average of three years of revenue. The new rule was five years. The question arose: When did the new calculus kick in? This had real consequences for a company called Obsidian. To get the details, the Federal Drive with Tom Temin talked with Smith Pachter McWhorter procurement attorney Zach Prince. To read the full transcript, click here. [December 2022]
DOD’s Mentor Protégé Program Drops “Pilot” From Title as the NDAA Codifies the Initiative
On December 15, the U.S. Senate passed the National Defense Authorization Act (NDAA) for the Fiscal Year 2023 by an 83-11 vote. The annual legislation changes U.S. defense agencies’ policies and regulations and provides necessary guidance for how appropriations can be spent. It is frequently used to implement changes to federal procurement policy, and one of those changes this year is that Section 856 codifies the Department of Defense’s (DOD) Mentor-Protégé Program (MPP) – with some tweaks. Section 856 significantly changes the eligibility requirements for mentors by lowering the value of awarded contracts necessary to demonstrate the mentor can impart value to a protégé firm. Click here to read more. [December 2022]
National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments
The U.S. Small Business Administration (SBA or Agency) is proposing to amend its regulations to implement provisions of the National Defense Authorization Act for Fiscal Year 2020. The proposal would permit a prime contractor with an individual subcontracting plan to apply credit for subcontracts to small businesses at lower tiers toward its subcontracting goals. To do so, the prime contractor would incorporate the lower-tier subcontracting performance into its subcontracting-plan goals. To read more, click here. [December 2022]
Veteran-Owned Small Business and Service-Disabled Veteran-Owned Small Business-Certification
The Small Business Administration (SBA) amends its regulations to implement a statutory requirement to certify Veteran-Owned Small Business Concerns and Service-Disabled Veteran-Owned Small Business Concerns participating in the Veteran Small Business Certification Program. Previously, to be eligible for VA contracts, VOSBs and SDVOSBs had to be verified by VA’s Center for Verification and Evaluation (CVE) in accordance with 38 U.S.C. 8127. There was no Government-wide SDVOSB certification program, and firms seeking to be awarded SDVOSB sole source or set-aside contracts with Federal agencies other than the VA only needed to self-certify their status as set forth in section 36 of the Small Business Act, 15 U.S.C. 657f. To read more, click here. [November 2022]
Notice of Updated NAICS Codes for Use in the Women Owned Small Business Federal Contract Program
The U.S. Small Business Administration (SBA) is updating the North American Industry Classification System (NAICS) codes authorized for use in the Women-Owned Small Business Federal Contracting Program (WOSB Program). This update is being made to reflect the U.S. Office of Management and Budget’s (OMB) NAICS revision for 2022, identified as NAICS 2022. The designations of industries contained in this notice apply to all solicitations issued on or after October 1, 2022. To read more, click here. [November 2022]
Increasing the Share of Contract Dollars Awarded to Small Disadvantaged Businesses
Last year, the President made a commitment to increase the share of contract dollars awarded to small disadvantaged businesses (SDBs) to 15 percent by 2025. This memorandum provides guidance to agencies on steps they are expected to take in Fiscal Year (FY) 2023. Increasing the share of contract dollars awarded to SDBs is designed to support a more dynamic and resilient supplier base and create opportunities for entities owned by underrepresented individuals. To read more, click here. [October 2022]
Small Business Size Standards: Adoption of 2022 North American Industry Classification System for Size Standards
The U.S. Small Business Administration (“SBA” or “Agency”) amends its small business size regulations to incorporate the U.S. Office of Management and Budget’s (OMB) North American Industry Classification System (NAICS) revision for 2022, identified as NAICS 2022, into its table of small business size standards. The NAICS 2022 revision created 111 new industries by reclassifying, combining, or splitting 156 NAICS 2017 industries or their parts. To read the full summary and details, please click here. [September 2022]
Defense Department Earns Top Performance Rating in Small Business Procurement Index
For the eighth consecutive year, the Defense Department achieved an “A” rating for performance against its small business procurement goals. Released on July 26, the annual U.S. Small Business Administration scorecard puts into context the critical role small businesses play in fulfilling the department’s mission. To view the scorecard and hear the DoD’s commentary on the release, please click here. [August 2022]
Small Business
There is no formal certification for small businesses. Rather, a business that is at or below the Size Standard for the NAICS code associated with a procurement can self-certify as a Small Business for that procurement. The Size Standards for each NAICS code can be found at www.sba.gov. Each Size Standard is based on either average annual receipts or average employment.
For Size Standards that are based upon yearly average receipts, yearly average annual receipts are calculated based on the total receipts over the last 5 years.
For Size Standards based upon the average employment, an average number of employees is calculated based upon numbers of employees for each of the pay periods for the preceding completed 12 calendar months.
Office of Small & Disadvantaged Business Utilization (OBSDU)
The Office of Small and Disadvantaged Business Utilization (OSDBU) is an advocacy and advisory office at each federal agency responsible for promoting the use of small, small disadvantaged, 8(a), women-owned, veteran-owned, service-disabled veteran-owned, and HUBZone small businesses in the acquisition process.
The Department of Defense maintains a contact list for their Small Business Offices. It is also possible to locate an OBSDU office within an agency of interest at www.usa.gov.
For additional information on this topic, please contact our staff of experts at info@wispro.org or 414-270-3600
