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In Case You Missed It

National Defense Bill Becomes Law, Includes Key Small Business Provisions

WASHINGTON, D.C. – In case you missed it, last week, the National Defense Authorization Act (NDAA) was signed into law for Fiscal Year 2022, which incorporated several small business provisions including:

  • Sec. 876: Protests and appeals relating to eligibility of business concerns
    This provision requires small business concerns to update their status in the System for Award Management (SAM) or successor system within 2 days after receiving an adverse final decision against their status (i.e. as a small business or any other socioeconomic status they held).  If they fail to do so, the Small Business Administration will update their status.  Firms found ineligible must also notify agencies where they have pending bids out on contracts in which they have just lost their status. 

  • Sec. 871: Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns
    This provision shifts final decision-making authority over a firm’s HUBZone status, if such status is challenged, from the Associate Administrator of the SBA’s Office of Government Contracting and Business Development (GCBD) to the SBA’s Office of Hearings and Appeals (OHA). 

  • Sec. 848: Report on Cybersecurity Maturity Model Certification effects on small business
    This provision requires the DOD to assess the impacts of CMMC on small businesses, specifically, the cost of compliance, the impact to the small business supplier base, and any strategies the DOD plans to implement in order to mitigate these negative effects on small businesses.