Short post today folks just to make sure everyone is keeping an eye on the Federal Registry and Interim Ruling by the SBA. This rule is not final yet. Comments are due back 15 March 2021, but looks like tucked into the Consolidated Appropriations Act of 2021 and the National Defense Authorization Act for Fiscal Year 2021 was a provision to extend some 8(a) program participation.
Here's what you should watch. If your company had it's 8(a) certification before 13 March 2020, you will likely be notified of an extension of 12 months.
In order to implement the statutory language of section 330 of the Appropriations Act and section 869 of the NDAA 2021, SBA is amending § 124.2 of its regulations to incorporate the optional program term extension for small business concerns participating in the 8(a) BD program on March 13, 2020. Specifically, revised § 124.2 provides that for a firm participating in the 8(a) BD program as of March 13, 2020 and through January 13, 2021, SBA will extend its program term by one year unless the concern declines such extension. A firm that was participating in the 8(a) BD program as of March 13, 2020, but has since graduated or otherwise left the program before January 13, 2021 must notify SBA of its intent to be readmitted for a period of one year from the date it completed its program term. Any such notification must be received by SBA no later than March 15, 2021.
A lot going on there, but basically the disaster was declared on 13 March 2020. If you were an 8(a) at that point or prior, you can extend. You have until 15 March 2021 to let the SBA know. This is not open ended. The window shut on 13 January 2021. So if you are just now getting your 8(a), this rule does NOT apply to you. Government Contracting is complicated enough.
More to follow on this but be aware. If you are not familiar with the minority owned, small business certification from the Small Business Administration or are not sure why this is such a big deal, please take a look at some of my previous blogs. by Andrew Bennett