DOD, GSA, and NASA Issue Proposed Rule to Amend SBA Protest and Appeal Procedures

April 9, 2013

DOD, GSA, and NASA Issue Proposed Rule to Amend SBA Protest and Appeal Procedures

On March 7, 2013, the Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a proposed rule amending the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) changes to protest and appeal procedures for small business size and small business status. According to the rule writers, the proposed amendments will help ensure that small business set-aside contracts are awarded only to businesses that meet SBA’s size standards. The proposed rule would make several changes to FAR 19.302, including:

The proposed rule would also amend the FAR provisions governing size status protests for historically underutilized business zone concerns, service-disabled veteran–owned small business concerns, economically disadvantaged women-owned small business concerns, and women-owned small business concerns found in FAR 19.306–308. The proposed revisions would address the type of information a protest must include and the timeframe for submitting a protest. The proposed rule would also explain how a concern can re-qualify as one of the concerns previously mentioned in the event it is disqualified. Written comments on the proposed rule should be submitted on or before May 6, 2013. (78 Fed. Reg. 14746, 3/7/2013.) 

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