USACE Small Business
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"Developing small businesses and maximizing their opportunities to participate."

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Dredging Contractors!  For resources related to the Dredging Industry, head over to the "Dredging Corner"...

HEADQUARTERS USACE, OFFICE OF SMALL BUSINESS PROGRAMS

MISSION STATEMENT:  To sustain the U.S. Army Corps of Engineers as a premier organization in developing small businesses and maximizing their opportunities to participate in our procurements, thereby ensuring a broad base of capable suppliers to support the Corps of Engineers' mission and strengthen our nation’s economic development.

Contractors: NEWS YOU CAN USE

  • Small Businesses can request past performance ratings for work they performed as part of a Joint Venture or First-Tier Subcontractor beginning 22 August 2022!  https://www.federalregister.gov/documents/2022/07/22/2022-15622/past-performance-ratings-for-small-business-joint-venture-members-and-small-business-first-tier   Some key points from the final rule specifically for first-tier subcontractors:
    • This is limited to past performance as a first tier contractor on a prime contract with a subcontracting plan, however at their discretion a prime contractor can a performance rating, even if the contract did not include a subcontracting plan.
    • The small business will have 30 days after the completion of the period of performance to request the performance rating, and the prime contractor will have 15 days to provide the response.
    • Responding to SB requests for ratings will be included in all other subcontracting plan requirements (FAR 19.704) and there are potential consequences for failing to comply. 
      • Subcontractors may notify a contracting officer of the prime’s failure to provide required ratings.
    • The past performance evaluation factors are the same as the current CPARS evaluation factors, and prime contractors should use the rating system already laid out at FAR 42.1503 table 42-1 for rating the contractors.
      • Factors:  Technical, Cost Control, Schedule/timelines, Management or business relations, small business subcontracting, other.
    • There is no minimum dollar threshold of the subcontract to allow a request for rating.
    • There is no separate system for prime contractors to input this information and no formal reporting mechanism- Past performance ratings will be submitted to the agency in accordance with the solicitation.
  • Small Business Administration (SBA) has updated its Table of Size Standards as of 2 May 2022.  https://www.sba.gov/document/support-table-size-standards
    • Businesses registered in the System for Award Management (SAM.gov) must update their SAM registration in order to have their small business status updated based on the new size standards effective May 2, 2022. Until the SAM registration is updated, the SAM profiles will continue to display the small business status under the old size standards.
    • Information for contractors performing in one of USACE's top 3 NAICS:  236220 No Change $39.5M, 541330 $16.5M to $22.5M, 237990 dredging exception $30M to $32.5M
  • IMPORTANT: Cybersecurity Maturity Model Certification (CMMC)
    • The Department of Defense is in the process of requiring ALL contractors and their subcontractors and suppliers to have the appropriate level of Cybersecurity Maturity Model Certification to be eligible for an award.  There are multiple levels of certification, some certification levels require an accredited third party to certify.  The level of certification necessary can take months or years to obtain to be able to meet future Government requirements.  The full implementation of the CMMC requirement is quickly approaching, 2026 is the deadline for certification.  If your company or subcontractors are not currently certified, a simple internet search will locate several firms that are available to help you start the certification process now.  The government is not advocating the use of any particular vendor for certification preparation.  The government is not advocating the use of any particular vendor for certification preparation. 
    • https://cmmcab.org/marketplace/?search_category=headline&q=&search_method=contains&cat=3
    • Additional resources for contractors: https://www.acq.osd.mil/cmmc/resources.html

Additional Resources for Contractors- COMING SOON!

  • Resource Library
  • Ask the Small Business Professional Q&A

Regulatory Enforcement Fairness

USACE Step-by-Step Resolution Process for Unfair Regulatory Enforcement

Pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA), HQ USACE Office of Small Business Programs is committed to successfully mitigating concerns between USACE and small business contractors. Inquiries may include excessive enforcement actions such as repetitive audits and investigations, and unreasonable fines, penalties, threats, retaliation, or other unfair actions. USACE offers the following chronological, streamlined process to expedite a mutually beneficial resolution for small businesses.

Step 1:  Contractors should first contact the local USACE Small Business Professional (SBP) at the appropriate geographic location. A listing of current local SBPs can be found here.

Step 2:  If the contractor inquiry is not addressed within 30 days in Step 1, the contractor should elevate their concern to the respective Division or Center Assistant Director of Small Business (AD). A listing of current ADs can be found here.

Step 3:  If the contractor inquiry is not addressed within 30 days in Step 2, the contractor should contact, HQ USACE Office of Small Business Programs, at small-business-hq@usace.army.mil with the following information:

  • Include “SBREFA Inquiry” in the subject heading
  • Contractor name and contact information
  • USACE contract or solicitation number
  • USACE District/Center location
  • Names of USACE employees the contractor previously contacted
  • Brief description and current status of the issue

Contractor inquiries not resolved through the above USACE resolution process may be submitted to the Office of the National Ombudsman (ONO), U.S. Small Business Administration. Submit an online request for assistance at www.sba.gov/ombudsman/comment or download a printable Federal Agency Comment Form (SBA Form 1993) and submit documentation via email (preferred), mail, or fax.

Email: ombudsman@sba.gov

Fax: (202) 481-5719

Mail: Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, S.W., Mail Code 2120, Washington, D.C., 20416