1 Analyses of this federal-register by attorneys

  1. Size Protest Amendments to the FAR Are Coming

    Bradley Arant Boult Cummings LLPAron BeezleyOctober 11, 2023

    The U.S. Small Business Administration (SBA) has made multiple changes to its regulations over the last decade, including final rules published in the Federal Register on October 2, 2013 (78 FR 61113), October 16, 2020 (85 FR 66146), and November 29, 2023 (87 FR 73400). Theses final rules published by the SBA clarified various aspects about size protests related to set-aside contracts and orders awarded to various small business concerns (i.e., HUBZone small businesses, service-disabled veteran-owned small businesses (SDVOSB), economically disadvantaged women-owned small businesses (EDWOSB), and women-owned small businesses (WOSB)).In response to the SBA’s regulation changes, the Federal Acquisition Regulatory Council recently proposed amendments tothe Federal Acquisitions Regulation (FAR) to harmonize the SBA regulations (13 CFR) with the FAR (48 CFR). The proposed rule outlines four amendments to various sections of the FAR:FAR 19.302(a)(2) – Clarifies which entities may initiate a size status protest by referencing the SBA’s regulations found at 13 CFR 121.1001(a).FAR 19.302(d)(1) – Specifies when size protests are due on negotiated procurements (including protests on partial set-asides and reserves of multiple-award contracts and set-asides of