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Contractors will notice that LPTA procurements will be seen less often. You can thank the implementation of a proposed rule that occurred today. FAR rule: https://www.govinfo.gov/content/pkg/FR-2019-10-02/pdf/2019-20798.pdf The new FAR rule places LPT limitations on the use of LPTA procedures. Here are the two we feel are the most important. Civilian agencies should “avoid, to the maximum extent practicable, using” LPTA procedures for procurements that are “predominately for the acquisition of”: 1. Information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, health care services and records, telecommunications devices and services, or other knowledge-based professional services; 2. Personal protective equipment; or 3. Knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq. There are five criteria that must be met in order for an agency to procure using LPTA procedures: 1. The agency can comprehensively and clearly describe the minimum requirements in terms of performance objectives, measures, and standards that will be used to determine the acceptability of offers; 2. The agency would realize no, or minimal, value from a proposal that exceeds the minimum technical or performance requirements; 3. The agency believes the technical proposals will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal; 4. The agency has a high degree of confidence that reviewing the technical proposals of all offerors would not result in the identification of characteristics that could provide value or benefit to the agency; 5. The agency determined that the lowest price reflects the total cost, including operation and support, of the product(s) or service(s) being acquired. To learn more about the new FAR rule, click here: https://www.govinfo.gov/content/pkg/FR-2019-10-02/pdf/2019-20798.pdf

SBA will determine the affected firms’ compliance with the principal office requirement by reviewing documentation showing where the firm’s employees performed their work prior to the telework measures being put in place as a result of the COVID-19 pandemic. SBA recognizes that some HUBZone employees are students whose schools have closed and have been sent home to locations outside the HUBZone, even though they may continue to work remotely. A firm that has a HUBZone employee that was required to move from student housing to a non-HUBZone location AND continues to work for the HUBZone firm may continue to be counted as a HUBZone resident. SBA has delayed the implementation of the new annual recertification process because many firms may find it difficult to maintain compliance. SBA may expedite the application of any firm that submits a complete package for certification and indicates that they intend to respond to a specified solicitation that relates to COVID-19. For more details regarding these options and to learn about other options your company can take advantage of, click on the following link: https://www.sba.gov/sites/default/files/2020-06/Contracting-Guidance-508.pdf

The SBA has determined that the President’s declaration of a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak on March 13, 2020 constitutes a nationwide federal disaster declaration for the purposes of SBA’s 8(a) program. Because of that, the SBA is empowered to invoke the 8(a) Business Development Program’s voluntary suspension procedures. The disaster voluntary suspension authority was implemented to allow affected firms to recover and continue to take full advantage of the 8(a) Business Development Program once they have done so. Consider a voluntary suspension only if your business is severely paralyzed and can no longer operate due to COVID-19. • Under this procedure, any 8(a) Participant may elect to suspend its participation in the program for a period of up to one year from the date of the disaster declaration (March 13, 2020 through March 12, 2021). Read more about your options in the following link: https://www.sba.gov/sites/default/files/2020-06/Contracting-Guidance-508.pdf