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Federal Acquisition Regulation: Small Business Innovation Research and Technology Transfer Programs
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration will publish a proposed rule to amend the Federal Acquisition Regulation to implement changes related to data rights in the Small Business Administration’s Policy Directive for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, published in the Federal Register on April 2, 2019. In addition, the proposed rule would implement competition requirements unique to Phase II and III awards under the SBIR/STTR Programs. Read the published version here.
HUBZone Appeal Process
The Small Business Administration (SBA) will publish a final rule to amend its regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2022. The final rule will provide procedures for SBA’s Office of Hearings and Appeals to hear appeals from protest determinations regarding the status of a concern as a certified HUBZone small business concern. Read the published version here.
Affiliation and Lending Criteria for the SBA Business Loan Programs
The Small Business Administration (SBA) will publish a final rule to amend various regulations governing SBA’s 7(a) Loan Program and 504 Loan Program, including regulations on the use of proceeds for partial changes of ownership, lending criteria, loan conditions, reconsiderations, and affiliation standards, to expand access to capital to small businesses and drive economic recovery. The amendments to affiliation standards will also apply to the Microloan Program, Intermediary Lending Pilot Program, Surety Bond Guarantee Program, and the Disaster Loan programs (except for the COVID Economic Injury Disaster Loan Disaster Loan Program). Read the published version here.
Software Acquisition: Additional Actions Needed to Help DOD Implement Future Modernization Efforts
Congress included a provision in a statute for the Government Accountability Office to examine the Department of Defense’s (DOD) implementation of Defense Science Board (DSB) and Defense Innovation Board (DIB) recommendations regarding ways to improve its software development and acquisitions. This report assesses (1) the extent to which DOD addressed DSB and DIB recommendations and (2) the extent to which DOD is positioned to implement its future software modernization plans. Read more here.
Request for Cost Granted in Part/Denied in Part
Unico Mechanical Corporation, a small business of Benicia, California, requested the firm be reimbursed reasonable costs of pursuing its protest. Unico challenged the award of a contract to McMillen, LLC, of Boise, Idaho, by the Department of the Army, United States Army Corps of Engineers, under request for proposal No. W9127N-21-R-0005, which was issued for construction at Cougar Dam power plant in Lane County, Oregon. Read more here.
FALSE CLAIMS ACT / CONSTRUCTION
Two Companies Agree to Pay $1.24 Million to Resolve Allegations of Fraud in Whittier Bridge/I-95 Improvement Project
Walsh Construction Company and Melo’s Rodbusters, Inc. have agreed to pay $1.24 Million collectively to resolve False Claims Act allegations that they participated in a fraudulent scheme designed to take advantage of the Disadvantaged Business Enterprise program in connection with their work on the federally funded Whittier Bridge/I-95 Improvement Project. Read more here.