DoD To Change Provisions for Sole-Source Contracting With Native 8(a) Companies
The Department of Defense is planning to make some changes in the way it handles sole-source contracts with native 8(a) firms. Section 811 of the National Defense Authorization Act puts a cap on sole-source contracting with native 8(a) companies at $20 million. The contracts are not eliminated but will instead be subject to justification and an approval process. Concern about this change has already been noted in a cooling off in entities seeking high dollar sole-source contracts.
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ANC Firms to Submit New 8(a) Applications Online
Applications for SBA 8(a) certification for ANC-owned firms are now online. Hard copies of most documents, however, will still need to be submitted. Applicants will need to sign up for a GLS login to access the electronic application forms.
Click here for more information:
http://www.sba.gov/aboutsba/sbaprograms/8abd/application/index.html
8(a) Annual Updates Go Electronic
Submission of the documents for the annual update is now being managed via SBA's General Log-in System (GLS). If you submitted your original 8(a) certification application using the existing internet-based system, you already received a GLS log-in userid and password. You will log-in to GLS using the same userid to complete your Annual Update. However, if you have not signed up for GLS login, you will be required to apply for one at: https://eweb.sba.gov/gls/dsp_addcustomer.cfm
Updated Version of Form 912 Statement of Personal History Available
The newest version of Form 912 is now available on www.forms.gov. Changes to the form include requiring applicant initials for questions 7-9. Form 912 is available via the link below.
http://www.forms.gov/bgfPortal/docDetails.do?dId=1724//
New HUBZone definition for "Employee"
SBA has released some changes to the HUBZone program that affect many HUBZone applicants/firms. Effective May 3, 2010, the definition for the term "employee" will be any person employed by a HUBZone firm who works 40 or more hours in a month rather than the current 30 or more hours per week. HUBZone regulations currently require firms meet the requirement that 35% of the firm's employees must reside in a HUBZone to obtain and maintain HUBZone certification, and this new definition will make it easier for firms to meet that requirement.
ORCA Updates System
On April 22, 2010, the Online Representations and Certifications Application (ORCA) system was updated to reflect changes to FAR 52.209-5. To read the full text click on the link below and search by provision/clause number:
https://www.acquisition.gov/far/farqueryframe.html
The definition for "Principal" was also updated to read:
"Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
When registrants renew or update their ORCA registration, the changes will be reflected in their new ORCA record
CCR Proceedings Page Question Updated With New Language
CCR has updated the first question on the Proceedings Page with new language which may require CCR registrants to reassess their answer on that page. Previously, registrants marked "yes" to the first question only if their company had been awarded contracts which referenced the clause 52.209. With the new language as below, if your company is also bidding on solicitations which reference the clause, you are required to answer the question as "yes" and then will be required to answer the 2nd question which is shown below. The first question now reads:
Is there a Federal solicitation on which your business or organization, as represented by the DUNS number on this specific CCR record, is bidding that contains the Federal Acquisition Regulation (FAR) provision 52.209-7, or has your business or organization, as represented by the DUNS number on this specific CCR record, been awarded a Federal contract that contains FAR clause 52.209-8?
If your company is currently bidding on projects that contain FAR provision 52.209, you will be required to then also answer the 2nd question on the Proceedings Page, which reads:
Does your business or organization (represented by the DUNS number on this specific CCR record) have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000?
New Subtraction Rule Proposed on Contracting Goals
SBA is proposing a rule that would force agencies to delete small business contract awards from their annual totals. Currently, agencies may take credit for awards of contracts to small businesses and add it to their overall small business contracting goals. But under the new proposal, the agency must subtract the contracts from its totals if SBA finds the firm not eligible to be considered small.
http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ab0c5e
Indian Incentive Program Funding Update
Allocations for FY 2010 are set at $15 million; however, all available funds for 2010 have already been spent and payments are backlogged into $10 million of FY2011 monies.
SBA 8(a) Applications
Applications for SBA 8(a) certification are now based on SBA regions and the applicant's geographical location. Applicants located in Regions 1-4 apply in Philadelphia, Regions 5-10 apply in San Francisco and all ANC-owned applicants apply in San Francisco.
Consultation Meeting Transcripts
Seattle, WA and Albuquerque, NM
Transcripts for the tribal consultations held in Seattle and Albuquerque in December and January are now available at SBA's website via the link below. A transcript for the Alaska video conference is also available.
http://www.sba.gov/aboutsba/sbaprograms/naa/index.html
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