The Small Business Administration (SBA) has issued several new rules over the past year, changing rules on how small businesses participate in the government market. Many of SBA’s changes were driven by court cases, some of which were prominent, but others of which flew below most peoples’ radar. Here are three changes that small, and even large, contractors need to know about.
1. Proposed Changes to the 8(a) program: A proposed rule issued in December by the SBA revises applicable rules to clarify that a Certificate of Competency would not be applicable to sole source 8(a) awards, states that the SBA must accept BPA’s awarded to 8(a) companies, and modifies eligibility criteria for sole source 8(a) awards.
2. Service-Disabled Veteran Owned Business (SDVOSB) Changes: Veterans seeking to establish their companies as SDVOSB’s must first go to the Department of Veterans Affairs to obtain certification of a service-related disability and then go to the SBA to get certification that their Read more
Artificial Intelligence (AI) solutions are a top priority among federal IT executives, as well as national security, healthcare, and other sectors. One federal CIO has said that her agency is focused on “All AI, all the time.” A quick look at spending numbers also shows a rapid acceleration of dollars spent on AI solutions. Bloomberg Government data suggests that the federal AI market is approaching or exceeding $2 billion annually. Yet, this is one area where government acquisition rules have yet to be keep up. There are no AI-related provisions in the Federal Acquisition Regulations (FAR) and a recent review of open FAR cases shows that no AI-specific proposed rules are on the agenda. Many agencies are creating their own patchwork quilt of specific AI use rules, some of which are based on a recent Executive Order (EO) that Read more
Congress passed another CR last week to give itself more time to (hopefully) pass FY’24 appropriations bills, even as we get closer to FY’25. March 8th is the new deadline for “non-controversial” funding for the VA, HUD, FDA, and smaller agencies, while March 22nd is the new deadline for DOD, DHS, and about 80% of all discretionary spending. This effectively means that no new projects requiring appropriated money will be able to be awarded until approximately May 1st, seven months into the fiscal year. The substantial delay means that appropriations will be about as late as they have ever been without there being a year-long CR. Read more
Nearly halfway into FY’24 events are unfolding that can have a major impact on a company’s federal business. Here are three things to watch for this week.
1. Congress has only two legislative days to implement the first FY’24 appropriations bills. Surprise, the Congressional week is not the same as everyone else’s. While there are five days before March 1st, only two of those days are when the House of Representatives will be in session. This leaves little room for error as Congress tries to finalize spending bills for the VA, FDA, Agriculture and some additional civilian agency operations. If they can’t finalize the measures they will either have to pass a short-term CR or face the prospect of the impacted agencies shutting down.
2. Government contracting continues anyway: The General Services Administration continues to progress on its Alliant3, Polaris, and ASCEND contracts even as it evaluates offers on OASIS+. NASA continues to move ahead on SEWP VI and NIH is planning its CIO-CS product-based IT contract for later this year. Agencies extend existing projects and use non-appropriated funds to start new ones regularly. The government is open and conducts at least some business.
3. Contractors and their customers will be able to see more clearly soon: One thing that is nearly certain is that companies and their federal customers will know what they’re looking at for the rest of the fiscal year very soon. Either there will be appropriations for all or some, there will be temporary shutdowns for civilian agencies, or civilian agencies will see months-long CR’s, with carveouts for specific projects. Whether you will like what you see is one thing, but at least you will know and be able to proceed accordingly.
Incredibly, GSA is asking industry for input for a follow-on EIS telecommunications contract eight years before the current vehicle is scheduled to expire. Called the “Next Generation Network Infrastructure (NGNI)” vehicle, the agency is seeking input from industry on 38 different questions that will be used to populate a nearly 50-item matrix that GSA will use to start work on the EIS follow-on. Industry may have to do a bit of crystal ball gazing to determine what telecommunications solutions will actually look like in 8-10 years and keep in mind that the actual implementation of any NGNI vehicle could even come somewhat later given protests, administrative delays, and customer agency foot-dragging. They will also have to consider what the federal government market will look like, especially given the decentralized nature of hybrid Read more