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Compliance with export controls can be essential to winning government contracts

December 14, 2016 By Andrew Smith

GAO-GovernmentAccountabilityOffice-SealAn August 2016 bid protest decision highlights the importance of government contractors having, and being able to demonstrate, an effective export controls compliance program.

As described in the U.S. Government Accountability Office’s (GAO) decision in Microwave Monolithics, Inc., B-413088 (Aug. 11, 2016), the Army eliminated Microwave Monolithics’ (MM) proposal from competition due to MM’s failure to meet the solicitation’s requirements pertaining to compliance with the International Traffic in Arms Regulations (ITAR).

The solicitation at issue required that offerors and their subcontractors demonstrate ITAR compliance, or have a viable plan to become ITAR compliant prior to contract award. Specifically, the solicitation required that the contractor show that it had appointed an employee to be responsible for ITAR compliance and had established written policies and procedures for employees performing activities subject to ITAR.

Offerors’ proposals also had to show that the contractor had established procedures for the receipt, handling, storing, implementation, and testing of ITAR-controlled items and data, procedures for the restriction of access by foreign nationals to ITAR-controlled items or data, an auditing procedure for ITAR compliance, and procedures for actions to be taken if violations were discovered.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=549398

Download the GAO decision here: http://www.gao.gov/assets/680/679029.pdf

Filed Under: Contracting Tips Tagged With: Army, export-controlled data, exporting, GAO, ITAR

OPIC to hold small business outreach event May 3rd in Atlanta and June 16th in Houston

April 18, 2016 By Andrew Smith

OPICAs more U.S. small businesses participate in the global marketplace, they are facing new questions and challenges.  Lack of knowledge about government programs available to support overseas investment, limited access to private sector-capital to pursue opportunities abroad, or concern over political risks in emerging markets can prevent small business from expanding overseas.

The Expanding Horizons workshop is the premier outreach event conducted by the Overseas Private Investment Corporation (OPIC).  The event is coming to Atlanta on May 3, 2016 to be held at This event is at the Omni Atlanta Hotel at CNN Center.  OPIC is the U.S. government agency responsible for supporting private-sector investment in developing countries. This is a unique opportunity to learn about:

  • How expanding overseas can benefit your business at home.
  • U.S. government programs offering assistance to small and medium sized enterprises planning to go global.
  • Political risk insurance and how it can protect your business.
  • Accessing capital for your overseas project.
  • Current opportunities in the renewable energy and clean technology sector.
  • OPIC’s special finance products for small businesses.

Speakers include senior government officials from OPIC, as well as from the Small Business Administration, the Export-Import Bank of the U.S., the U.S. Trade and Development Agency, the U.S. Department of Commerce, including the U.S. Commercial Service and the Minority Business Development Agency; and other agencies and representatives from businesses investing overseas who will share their insights and experiences.

Additionally, excellent networking opportunities will be available and participants will have the opportunity to arrange one-on-one meetings with OPIC and other government officials.

To learn more and to register for the May 3 event go to: https://www.eventbrite.com/e/opic-workshops-for-small-businesses-entering-emerging-markets-registration-21090960631.  There is a $50 registration fee for this day-long event.

To receive e-mail updates about Expanding Horizons Workshops, you may sign-up through OPIC’s mailing list.

For questions or more information, please contact:

Dr. Lawrence Spinelli
Director of Outreach and Public Affairs
Office of External Affairs
Lawrence.Spinelli@opic.gov
(202) 336-8690

Ms. Alison Germak
Director of Corporate Development
Small & Medium Finance Enterprise
Alison.Germak@opic.gov
(202) 336-8651

Filed Under: GTPAC News Tagged With: Commerce Dept., exporting, MBDA, OPIC, outreach, overseas contracts, SBA, small business

SBA, to be elevated to Cabinet level, is among agencies Obama wants consolidated

January 13, 2012 By ei2admin

On Friday, Jan 13, 2012, President Obama announced he will ask Congress for the power to merge six federal trade and commerce agencies, the Wall Street Journal reported.

The WSJ report said Obama will ask Congress for “reorganizational” power. The last president to have this power was Ronald Reagan.

The new power would allow the president to propose mergers in order to save money and make the government work more efficiently, according to the report.

The plan would allow Obama to propose mergers that would be “guaranteed an up-or-down vote from Congress within 90 days,” the report said.

The six agencies Obama wants to consolidate include the Commerce Department‘s core business and trade functions, the Small Business Administration, the Office of the U.S. Trade Representative, the Export-Import Bank, the Overseas Private Investment Corporation and the Trade and Development Agency.

The report cited a White House official who said the merger would save taxpayers around $3 billion over the next decade by eliminating duplicate overhead costs.

In addition, between 1,000 and 2,000 jobs would be eliminated through attrition, according to the WSJ.

Filed Under: Contracting News Tagged With: budget cuts, Commerce Dept., consolidation, exporting, import, reorganization, SBA, trade assistance

“Jobs Act Tour” coming to Atlanta on Mar. 30

March 14, 2011 By ei2admin

On Wednesday, March 30, 2011, Georgia businesses will have a chance to meet with leaders from the Small Business Administration (SBA), give input on new regulations, and learn how you can take advantage of new tools coming out of the Small Business Jobs Act (click here for fact sheet).

At this event you can learn more about:

  • getting an SBA loan
  • competing for federal contracts
  • finding training and counseling resources
  • starting or increasing exports

This event will be held at the Loudermilk Center, 40 Courtland Street, NE, Atlanta, GA 30303, starting at 9:30 am.

Space is limited.  To register, go to: http://events.sba.gov/eventmanagement/eventlisting.aspx?state=GA.

Breakout sessions will be held on six topics, including:

1. Small Business Jobs Act Provisions Affecting Small Business Participation in Government Contracting

  • SBA’s Office of Government Contracting and Business Development will take general comments on key contracting provisions, including:
    • multiple-award contract set-asides
    • contract bundling accountability
    • consolidation of contracts requirements
    • subcontracting; plan improvements, misrepresentations, and timeliness of payment
    • mentor-protégé programs for women-owned, service-disabled veteran-owned, and HUBZone businesses
    • presumption of loss to the federal government and willful misrepresentation of size and status by business owners
    • annual certification of size requirement

2. Opportunities in Accessing Capital

  • SBA’s Office of Capital Access will discuss opportunities to accessing capital, and how SBA loan programs (including new Jobs Act tools) can help.

3. New SBA Loan Programs

  • SBA’s Office of Capital Access will discuss major new lending initiatives, including Advantage loans, 504 re-financing, the Dealer Floor Plan pilot, and more.

4. Investing in Counseling and Training Services to Support the Growth of Small Businesses

  • SBA’s Office of Entrepreneurial Development will discuss the Jobs Act’s support for your local Small Business Development Center and other resources to provide free counseling and training in areas such as exporting.

5. Expanding Exporting Opportunities for Small Businesses

  • SBA’s Office of International Trade will discuss new exporting tools such as increased loan sizes, the Export Express program, and state-level STEP grants made possible by the Jobs Act as well as new efforts under the National Export Initiative to double exports over the next five years.

6. Lender Roundtable (for Prospective and Current SBA Lenders)

  • SBA’s Office of Capital Access will discuss new efforts to simplify and streamline loan programs and requirements, while also enhancing customer service in areas such as lending policy, processing, and oversight operations.

Filed Under: GTPAC News Tagged With: exporting, government contracting, HUBZone, loans, mentorship, SBA, SDVOSB, small business, wosb

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