05/01/2024
Newsletter May 2024
ARTICLE
The Office of Naval Research (ONR) recently notified us about the Dept. of Defense’s Manufacturing Technology Program (ManTech), a program which develops technologies and processes for defense systems. Manufacturers can learn more about this program and opportunities by visiting this page.
Our program recently identified a couple websites small businesses can use to register with specific federal agencies:
The U.S. Dept. of Education has a Small Business Directory you can access via a link contained on this page (see step #4). Recent historical data shows top spend categories for this agency include credit intermediation services, computer systems design, research & development in social sciences & humanities, management consulting and educational support, other computer services & programming/software, financial/accounting/collection services, and telecommunications and data processing/hosting services.
Similarly, the U.S. Dept. of Health & Human Services (HHS) has their own Small Business Directory. You can use the “SBCX Registration” link found on this page to connect with them. Recent top spend categories for HHS include pharmaceutical/medical manufacturing, computer systems design and other IT services, research & development in biotechnology & other sciences, management consulting, scientific services, computer programming, emergency/relief services, and medical insurance.
TIP OF THE MONTH
An Introduction to “Build America, Buy America” Domestic Sourcing Rules
Contractors working on many state, local, or tribal government infrastructure projects are now subject to a relatively new requirement called “Build America, Buy America,” which requires that many products incorporated in infrastructure projects be produced in the United States. This Tip of the Month provides an introductory look at “BABA” as well as links where contractors can find more information.
What Projects are Covered by BABA?
BABA applies to infrastructure projects funded, in whole or in part, by federal financial assistance, such as federal funds allocated in the form of grants or cooperative agreements. Most of the projects subject to BABA are projects of state, local, and tribal governments, although BABA is not limited to such projects. Contractors should review their contractual documents closely to determine whether BABA applies to a specific project. If in doubt, contact the state, local, or tribal government customer.
What Does BABA Require?
When an infrastructure project is subject to BABA, all iron and steel products, manufactured products, and construction materials incorporated in the project must be produced in the United States unless the federal government has waived the requirement.
What Does “Produced in the United States” Mean for BABA Purposes?
BABA adopts unique tests for which products qualify as “produced in the United States.” Each of the three categories of products covered by BABA—iron and steel products, manufactured products, and construction materials—has its own test. Contractors who are familiar with other domestic sourcing rules, such as the Buy American Act, should not assume that the same tests apply to BABA. Instead, contractors should review the BABA regulations and guidance (linked below) to understand the BABA definitions of “produced in the United States.”
Which Contractors are Subject to BABA?
When BABA applies to an infrastructure project, the domestic sourcing requirements ordinarily must be “flowed down” to all subcontractors, sub-subcontractors, and so on until the contracting chain reaches the manufacturer. At each tier, BABA will impose the domestic sourcing requirement. Additionally, while contractual clauses implementing BABA vary, many clauses require each entity in the contracting chain to certify that their products comply with BABA. Contractors should, of course, check their contracts for the specific requirements applicable to them.
How Can I Obtain a BABA Waiver?
The federal government may waive BABA’s domestic sourcing requirements when certain criteria are satisfied, such as when a product is not available from American manufacturers. A list of existing waivers is published on the Made in America Office’s website. Only the recipient of BABA funds (typically, a state, local, or tribal government) may request a new waiver.
Where Can Contractors Learn More About BABA?
Contractors can learn more about BABA at the Made in America Office website. Additionally, contractors may wish to review the Office of Management and Budget’s BABA Guidance Memorandum, the BABA regulations, and the White House’s list of BABA resources.
NEWS YOU CAN USE
One-Day SAM Registration Lapse Proves Costly
Contractors doing business with the federal government must be registered in the System for Award Management (SAM), and Federal Acquisition Regulation Clause 52.204-7 requires that an offeror must have an active SAM registration on the date it submits its proposal, the date of award, and every day in between. An active SAM registration lasts a maximum of one year; if a contractor does not complete the renewal process within that time frame–including, importantly, allowing time for the government to process the renewal–the contractor’s registration may become inactive, rendering the contractor ineligible for contracts it previously bid.
In a recent bid protest decision, the U.S. Government Accountability Officer held that a contractor was ineligible for the award of a contract it previously bid when the contractor’s SAM registration lapsed for a single day between the date of the bid and the date of the award. Read more about the case here.
Your APEX Accelerator is available to assist with all aspects of the SAM process, from initial registration to annual renewals or any questions you may have in the interim. If you are looking for SAM-related advice or assistance, make an appointment with your APEX Accelerator counselor today!
PEDCO NATIVE APEX ACCELERATOR EVENTS
Bookmark our events calendar page
and check back often for the latest programs and events.
Common Issues in Federal Construction Claims: Avoiding Conflict and Getting Paid
Date: May 30, 2024
Click here to register
Maria Panichelli with McCarter & English will be hosting a free webinar on May 30 titled Common Issues in Federal Construction Claims: Avoiding Conflict and Getting Paid. Contractors involved with construction may find value in learning about the Changes clause, defective specifications, differing site conditions, delays. You’ll also learn about communicating with agency personnel, fulfilling requirements, and preserving claim rights. Click here for more details and to register!
SAVE THE DATES!
Small Business Forum & Expo
Date: June 4 & 5, 2024
Click here to register
Reminder: The U.S. Dept. of Energy is hosting a Small Business Forum & Expo on June 4 & 5 in Minneapolis, MN. The event is intended to help small businesses connect with DOE program offices, marketing administrators, lab & tech centers, and prime contractors. There is a cost to attend this event; you can use this link for more event details.
Tribal Business Outreach Event
Date: June 5 or 6, 2024
The USDA Forest Service is planning to hold a virtual Tribal Business Outreach Event on either June 5 or 6. The agency is especially interested in reaching new and reengaging contractors who haven’t previously or recently worked with their agency. Besides forestry support activities, the Forest Service’s other top historical spend categories include air transportation, construction (roads & bridges; buildings), food service, septic tank services, computer programming, remediation services, and management consulting. If this opportunity interests you, we recommend “following” their Special Notice posted in SAM.gov to receive updates!
Audits Under the SBIR/STTR Programs from a DCAA Perspective
Date: June 5, 2024
Click here to register
The Defense Contracting Audit Agency (DCAA) is holding a webinar on the afternoon of June 5 titled Audits Under the SBIR/STTR Programs from a DCAA Perspective. This training can be of interest to innovators and those involved in research & development, who need to show adequacy of their accounting systems prior to receiving funding through Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) awards. The registration link can be found here.
Innovation, Workforce, and Research Conference (IWRC)
Date: June 10 & 11, 2024
Location: Sioux Falls, SD
Click here to register
The Institute of Electrical and Electronics Engineers (IEEE) is hosting an Innovation, Workforce, and Research Conference (IWRC) event taking place on June 10 & 11 in Sioux Falls, SD. Not only can attendees receive general information about research/innovation grants and programs, but the event will also feature content specific to the CHIPS and Science Act, which is intended to support domestic development and production of semiconductors, nanotechnology, clean energy, quantum computing, and artificial intelligence (AI). There is a cost to attend: See this page for more details and to find the registration link.
GOVOLOGY WEBINARS
Contact the PEDCO Native APEX Accelerator Program
for a FREE code [email protected]
How to Make Informed Bid “Go/No Go” Decisions (2024 Update)
Date: May 7, 2024
Time: 1:00 p.m. EDT
Presenter: Jeff Cuskey, CPCM, CFCM, CSCM, CPP, GOVCON Consulting & Expert Witness Services
Click Here to Learn More
Contracting After Disasters
Date: May 9, 2024
Time: 1:00 p.m. EDT
Presenter: Jennifer Whittington, NW Louisiana APEX Accelerator
Click Here to Learn More
Understanding the Berry Amendment, Buy American Act (BAA), Trade Agreements, and the Nonmanufacturer Rule
Date: May 14, 2024
Time: 1:00 p.m. EDT
Presenter: Joshua Frank, RSM Federal
Click Here to Learn More
Small Business Subcontracting Plans: What SBLOs Need to Know
Date: May 16, 2024
Time: 1:00 p.m. EDT
Presenter: Steven Koprince, Govology Legal Analyst
Click Here to Learn More
Revamped Davis-Bacon Act Reshapes Labor Landscape for Construction Contractors
Date: May 21, 2024
Time: 1:00 p.m. EDT
Presenter: Sarah Nash and Nichole Atallah, PilieroMazza
Click Here to Learn More
RECOMMENDED READINGS
8(a) Program’s Two Years in Business Rule: Requirement or Suggestion?
If you're considering applying to the 8(a) Business Development Program, you may have heard that your company must have been in business for at least two years. But is the "two years in business" mantra a firm rule or something else? This article takes a look.
Equal Scores, Unequal Results: GAO Highlights Limitations of Adjectival Scores in Agency Source Selection Decisions
In a best-value procurement, if two offerors receive identical scores on the non-price factors, must the agency award the contract to the lower-priced offeror? Not necessarily, because adjectival scores are simply “guideposts to intelligent decision-making.” Read more in this article published on LinkedIn.
Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals
The novation (or transfer) of a government contract from one company to another involves several legal requirements, including important rules that apply when the contract requires recertification of the contractor’s size and/or socioeconomic status. Read a breakdown of these rules here.
SPECIAL INTEREST
This section highlights items of special interest and importance to the Department of Defense Office of Small Business Programs (DOD OSBP). Please take a moment to visit the sites listed below for additional information. We also suggest that you read the latest edition of the DOD’s Small Business Digest (log into LinkedIn to access this resource) if you want to do business with the DOD.
Cybersecurity Maturity Model Certification (CMMC)/Cybersecurity Compliance Resources
DOD CMMC Resource Page – Resources to assist government contractors with understanding and complying with CMMC/cybersecurity requirements.
Project Spectrum – Project Spectrum is working with APEX Accelerators to assist small businesses in achieving compliance with CMMC/cybersecurity requirements.
Foreign Ownership, Control, and Influence (FOCI) Resources
FOCI Frequently Asked Questions -- FOCI is a status or situation in which a contractor with access to classified information has some foreign investment or association with foreign interest. Learn more about the federal government’s requirements relating to FOCI.
https://business.defense.gov/ – The official website of DOD OSBP. It contains additional information, news, events, and other items for those interested in doing business (or currently engaged) with the DOD.
CMMC & FOCI News of Note
DoD Expands Contractor Cybersecurity Information Sharing Program
The DoD has published a final rule revising the eligibility criteria for the voluntary DoD Defense Industrial Base Cybersecurity Activities Program. The final rule allows all defense contractors who own or operate unclassified information systems that process, store, or transmit covered defense information to participate in the program. Read more about this rule here.
CISA Issues Notice of Proposed Rulemaking for Critical Infrastructure Cybersecurity Incident Reporting
The U.S. Cybersecurity and Infrastructure Security Agency has issued a proposed rule to implement cybersecurity incident reporting requirements for critical infrastructure entities. Read more about this rule here.
The Original CMMC Program Was Missing One Key Component — Here’s How the Newly Proposed Rule Should Fix That
One cybersecurity expert says the recently proposed CMMC rule addresses an important flaw in the original CMMC framework. Read more about the flaw and the solution here.
New DOD Strategy Aims to Improve Contractors’ Cybersecurity, Resiliency
The recently released Defense Industrial Base Cybersecurity Strategy aims to strengthen companies doing business with the DoD against adversaries seeking access to sensitive data, proprietary information, and intellectual property of weapon systems and production nodes. Read more about this strategy here.
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About Your PEDCO Native APEX Accelerator
The PEDCO Native APEX Accelerator provides professional, specialized assistance to businesses owned by Native American individuals, Tribes, and Native Corporations based in Michigan, Wisconsin, Minnesota, and Iowa, as well as Ponca Tribe of Nebraska members located anywhere in the United States. Our services enable businesses to identify contracting opportunities with federal, state, and local governments, as well as with prime contractors which work with government agencies. With a focus on opportunities and incentives that are available exclusively to Native American businesses, the PEDCO Native APEX Accelerator provides individualized counseling, technical assistance, marketing assistance, and training to our clients. And this service is COMPLETELY FREE to qualifying NATIVE AMERICAN businesses.
How we can help your business:
Creating awareness of incentive programs for Native American businesses
Identifying agencies that purchase your goods and/or services
Assisting in registering your company for bid eligibility
Helping businesses develop a marketing plan
Providing daily bid opportunities
Identifying subcontracting opportunities
Guidance on post-award issues
Contact us to learn more about the PEDCO Native APEX Accelerator and the ways in which we can help Native American businesses succeed in obtaining government contracts.
Ponca Economic Development Corporation (PEDCO) Native APEX Accelerator
2756 O Street,
Lincoln NE 68510
https://pedco-ne.org/pedco-native-apex-accelerator/
[email protected]
Tel: 531-310-2494
This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense.
Copyright © 2024 Ponca Economic Development Corporation (PEDCO), All rights reserved.
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