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Unified Agenda 3245-AF65

Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Protest and Appeal Regulations

Summary

SBA has standardized protest and appeal regulations across all small business programs and clarified the effect of a negative determination on the procurement in question. The rule clarifies that an award should not be made to an ineligible concern, and in cases where an award has been made prior to an SBA final decision finding a business to be ineligible, the contracting agency shall either terminate the contract, not exercise an option, or not award further task or delivery orders to the ineligible concern. SBA clarified how contracting officers select NAICS codes for multiple award task and delivery order contracts. The changes were prompted by recent bid protest litigation, a survey of cases handled by SBA's Government Contracting Area Offices, and recent rulings by SBA's Office of Hearings and Appeals.

Timeline

4 actions from March 1st, 2010 to March 4th, 2011

  • March 1st, 2010
  • March 31st, 2010
    • NPRM Comment Period End
  • February 2nd, 2011
  • March 4th, 2011
    • Final Rule Effective

Contacts

  • Khem Sharma
    Chief, Office of Size Standards
    Phone 202 205-7189
    Fax 202 205-6390
    409 Third Street SW,
    Washington DC 20416

Federal Register Activity

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