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More Clarity in Determining Small Business Size and Status

small businessThe Obama administration is making an effort to standardize several acquisition rules that have to do with small-business size protests. They are doing this by amending the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revision of the small business size and small business status protest and appeal procedures. This proposal, released on March 7, 2013, seeks to achieve the following:

  1.  Increase the amount of time the SBA has to determine the size of a company to 15 business days (rather than the 10 business days previously allowed).
  2.  Make it clear that contracting officers can determine whether to suspend work until the Office of Hearing and Appeals at the SBA renders a decision.
  3.  Make it clear that contracting officers have the authority to give the SBA more time to determine business size.
  4.  Provide guidance for Contracting Officers on what to do if the SBA misses the deadline

The ultimate aim in amending the Federal Acquisition Regulation (FAR), as proposed by the Obama administration through the DoD, the GSA and NASA, is to ensure that contracts set-aside for small businesses are awarded to eligible small business concerns. If you would like to submit a comment in response to this FAR Case 2012-014 you can do so at http://www.regulations.gov, on or before May 6, 2013.

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