The Senate passed the $42 billion dollar Small Business Jobs Act today in an effort to help small businesses create 500,000 jobs. The bill passed with a vote of 61 to 38 and will now go back to the House for another vote before going to President Obama’s desk. The bill seeks to increase credit to small businesses by creating a $30 billion dollar Treasury Department fund that would give capital to community banks; banks that historically do most of the lending to small businesses. Under the measure, banks having less than $10 billion in assets can volunteer to be given cheap capital to spur small business lending.

The new bill will provide tax breaks with an increase to the amount that small businesses can expense in 2011 and a 50% write off of new equipment purchases for the rest of 2010; allow exclusion from capital gains taxes on investments by small businesses; and will increase the deductions for startup expenses while giving $1.5 billion in grants to state lending programs and increasing loan limits on government-backed loans to small businesses.

Estimates from the Joint Committee on Taxation show the bill will cost $12 billion over the next decade.

Sources: Associated Press, Wall Street Journal, CNN, Open Congress

The provision to introduce “may” instead of “shall” into H.R. 2647, the National Defense Authorization Act for Fiscal Year 2010, was stripped from the final version of the bill in the first week of October 2009.

The final bill signed by President Obama on October 28 2009 did not include the provision that would change the wording of Federal Acquisition Regulation §19.1305 from “shall” to “may” and the current wording of “shall” still stands.

Federal Acquisition Regulation §19.1305 still requires that a solicitation be set-aside for exclusive HUBZone participation if it is reasonable that at least two HUBZone concerns will submit bids or proposals; and award will be made at a fair market price.

Provisions of the Small Business Act require that HUBZone set-asides are mandatory when the two requirements are met and every court that has considered the issue has ruled in favor of the mandatory set-aside provision. The GAO also backed these provisions with rulings in 2008 and again in October of 2009.

Contract Management Inc. v. Rumsfeld 291 F. Supp 2d 1166 (District Court of Hawaii 2003), Contract Management, Inc. v. Rumsfeld, 434 Fl. 3d 1145 (9th Circuit Court of Appeals 2006 upholding District Court decision) Blue DOT Energy Co. v. United States 76 Fed. Cl. 783 (Court of Federal Claims 2004). International Program Group, Inc. B-400278; B-400308, September 19, 2008.

2008 was a record year for small businesses as federal agencies doled out over $93 billion dollars in contracts. While that number is significant, the SBA has issued a report stating that the government failed to achieve their goals when it came to women owned, service disabled veteran owned and historically underutilized business (HUBZone) goals. The overall percentage of contracts going to small businesses was 21.5%, 1.5% less than the goals mandated by Congress.

“This record $93.3 billion in contracts to small businesses is significant, however, across the federal government we are committed to ensuring that the 23 percent goal is met and even exceeded going forward,” stated SBA Administrator Karen Mills.

On May 4th 2009, the United States Government Accountability Office issued its decision on a protest by Mission Critical Solutions (MCS) of Tampa Florida against the Department of the Army’s sole source award to an Alaska Native Corporation.

MCS challenged that the HUBZone statute, 15 U.S.C. § 657a (2006), requires that the procurement was to be set aside for HUBZone small business competition. The GAO agreed citing FAR § 19.1301(b). Section 602(b)(1)(B) of the Act, 15 U.S.C. § 657a, that “notwithstanding any other provision of the law, a contract opportunity shall be awarded pursuant to this section on the basis of competition restricted to qualified HUBZone small business concerns if the contracting officer has a reasonable expectation that not less than 2 qualified HUBZone small business concerns will submit offers and that the award can be made at a fair market price.”

The GAO interpreted the language to mean that a HUBZone set-aside was mandatory when the rule of two was met and went on to explain the difference in language between 8(a) and HUBZone statutory language. “The statutory language authorizing the 8(a) program differs from the language authorizing the HUBZone program in that it gives the contracting agency the discretion to decide whether to offer a contracting opportunity.”

The Ninth Circuit Court distinguishes the mandatory language of the HUBZone statute from the discretionary language of the 8(a) statute. “Congress has used the term ‘shall’ to mandate that certain contracting opportunities be set aside for competition restricted to HUBZone small businesses.” Contract Mgmt. Indus., Inc. v. Rumsfeld, 434 F.3d 1145, 1149 (9th Cir. 2006).

In International Program Group, Inc., supra, the GAO concluded that the setting aside of acquisitions for a particular subgroup of small businesses (8(a), service-disabled veteran-owned, woman owned), did not supersede the mandatory nature of the HUBZone set-aside program.

The GAO went on to state that it had reviewed the legislative history pertaining to the HUBZone program and that “the starting point of any analysis of the meaning of a statutory provision is the statutory language, and where the language is clear on its face, as the language of the HUBZone statute is here, its plain meaning will be given effect.”

Knoxville, TN – Delta-21 Resources, Inc. has received three competitive contract awards totalling 1.7 million dollars, from the Federal Communications Commission as part of President Barack Obama’s American Recovery and Reinvestment Act of 2009.

The FCC is in the final stages of implementing a congressionally mandated switch to digital broadcasting and Delta-21 has joined in their nationwide initiative to increase awareness about the DTV transition.

By organizing training and outreach programs to educate vulnerable populations across the United States and its territories, Delta-21 will be helping to ensure that senior citizens, the disabled, low-income individuals and people living in rural areas are served during the transition.

These are the seventh, eighth and ninth HUBZone contract wins for Knoxville based Delta-21 Resources, Inc who relocated their offices from Oak Ridge to Knoxville in 2004 to take part in the HUBZone Empowerment Contracting Program.

Delta-21, celebrating its 27th year of service, conducts government activities ranging from cutting-edge technology-based data collection and processing to the dismantling and reuse of nuclear weapons grade materials for the United States and the former Soviet Republics.

Contact: Tiffany Devol, director of public relations Delta-21 Resources, Inc. 865-482-5000 Tiffany.Devol@delta-21.com

Tracey Ingle, Executive Vice President of Operations for Delta-21 Resources Inc, was invited to speak at a meeting of graduate students enrolled in the Knoxville Fellows Program on March 6th 2008.

Ms. Ingle lectured on relationship and leadership dynamics that can be applied to both corporate business relationships and personal relationships. Ms. Ingle also discussed how leaders must be willing to carefully explore their values and how they can move their organization in the direction of an unwavering vision. Believing that effective leaders lead with a purpose, Ms. Ingle went on to discuss the seven faces of effective leadership; servant-leadership, being humble, honest, focused, disciplined, compassionate and exhorting.

The Knoxville Fellows Program is a Christ-centered leadership and internship program for recent college graduates, who seek to live, work, study, pray and serve in their community.

The Program opened its doors on Market Square in December 2008.

For ten months, these college graduates live together in the heart of downtown Knoxville where they attend classes, serve the community and meet with local leaders. Being fully immersed in the community sets the Knoxville Fellows Program apart from similar leadership programs. Fellows are chosen nationally each year through a highly competitive process.

Delta-21 currently sponsors two of the Knoxville Fellows who are employed for 10-months to participate as intern leaders within Delta-21’s federal projects.

Knoxville, TN– Delta-21 Resources, Inc. has received a competitive contract award from the U.S. Office of Personnel Management (OPM) to collect COLA data for the Nonforeign Area Cost-of-Living Allowance Surveys in Washington, D.C., Juneau, Fairbanks and Anchorage, Alaska.

OPM Conducts price surveys in COLA areas once every three years on a rotating basis. Other COLA areas where Delta-21 also conducts work activities include; Hawaii, Guam, Puerto Rico and the U.S. Virgin Islands.

Delta-21 personnel employ new digital and web-based technologies for field data collection, including the use of Global Positioning System (GPS) and Arc View applications for enhanced satellite photos and area statistics.

The OPM COLA contract, is the fifth HUBZone contract win for Knoxville based Delta-21 who relocated their offices from Oak Ridge to the downtown Market Square district in 2004 in an effort to support and promote the HUBZone Empowerment Contracting Program. The program’s mission is to provide federal contracting opportunities to small businesses located in underutilized business zones and encourage private sector investment and employment opportunities in distressed communities. The HUBZone program’s combination of small business procurement and geographic focus is without precedent.

Delta-21 conducts government activities ranging from cutting-edge technology-based technical data collection and processing to the dismantling and reuse of nuclear weapons grade materials for the United States and the former Soviet Republics. Delta-21 is celebrating its 26th year of service.

Contact:
Tiffany Devol, director of public relations 
Delta-21 Resources, Inc. 
865-482-5000
 Tiffany.Devol@delta-21.com

The American Recovery and Reinvestment Act of 2009 was signed into law on February 17th 2009. According to Congressional Budget Office estimates, the bill will cost $787 billion dollars over the next 10 years and will save or create 3.5 million jobs within the first two of those years.

In addition to Tax Relief and State and Local Fiscal Relief, the stimulus will also infuse money into Infrastructure and Science, Protecting the Vulnerable, Health Care, Education and Training, and Energy.

As part of the president’s call for transparency and accountability, a new website has been set up to track the Recovery Act’s progress; www.recovery.gov

For the full text of the signed legislation visit the White House Press Office

Knoxville, TN– Delta-21 Resources Inc. has received a competitive contract award from the U.S. Department of Interior to study rental and utility data across all 50 United States and the U.S. territories of Puerto Rico, Guam, Samoa and the Virgin Islands. The Interior Department will oversee the $1.1 million dollar contract under a joint agreement with 23 federal agencies. The results will be used to revise rental charges for government housing, utility rates and national cost-of-living adjustments.

Knoxville based Delta-21 relocated their offices from Oak Ridge to the downtown Market Square district in 2004 in an effort to support and promote the HUBZone Empowerment Contracting Program. The program’s mission is to provide federal contracting opportunities to small businesses located in underutilized business zones and encourage private sector investment and employment opportunities in distressed communities. The HUBZone program’s combination of small business procurement and geographic focus is without precedent.

In support of the HUBZone program, Delta-21 renovated and now occupies a formerly abandoned building on Market Square and has had a direct local investment exceeding 1 million dollars. Since 2004, Delta-21 has raised the economic status of HUBZone employees by providing employment opportunities and training initiatives. These efforts benefit the community by taking individuals off of state and federal welfare programs, providing them with quality jobs and promoting long-term local investment thereby improving the economic climate.

Delta-21’s HUBZone programs include direct community involvement initiatives, a HUBZone employee assistance program, an initiative to patron Market Square businesses and an active HUBZone recruitment and employment program. Future initiatives include an employee technical training and mentoring center, employee secondary education advancement program, community college scholarship program, and a high school educator reward program.

With more than 39 million Americans living in poverty, Delta-21, whose name signifies change for the 21st century, is striving to make a positive impact on the community of downtown Knoxville.

Delta-21 conducts government activities ranging from cutting-edge technology-based technical data collection and processing to the dismantling and reuse of nuclear weapons grade materials for the United States and the former Soviet Republics. Delta-21 is celebrating its 26th year of service.

Contact:
Tiffany Devol, director of public relations 
Delta-21 Resources, Inc. 
865-482-5000
 Tiffany.Devol@delta-21.com