DOD, GSA, and NASA are proposing to amend the FAR to require small business concerns to re-represent their size and/or socioeconomic status for orders placed under multiple-award contracts.
“SUMMARY: DOD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration to order-level size and socioeconomic status re-representation requirements.
I. Background DOD, GSA, and NASA are proposing to amend the FAR to implement regulatory changes made by the Small Business Administration (SBA) in its final rule published on October 16, 2020, at 85 FR 66146 to require small business concerns to re-represent their size and/or socioeconomic status for orders placed under multiple-award contracts under certain circumstances.
Federal Supply Schedules (FSS) are exempt from this mandatory requirement; however, the contracting officer continues to have the discretion to require a re-representation for an order. SBA amended its regulations to ensure that small businesses qualify for the applicable size and/or socioeconomic status associated with orders placed under multiple-award contracts where size and/or socioeconomic status were not relevant to the award of the underlying multiple award contract. Specifically, SBA amended its regulations to require small business concerns identified at FAR 19.000(a)(3) to re-represent their size and/or socioeconomic status for orders set aside exclusively for small businesses that are issued under an unrestricted multiple-award contract, except for those with reserves. In addition, small business concerns must re-represent their socioeconomic status for orders issued under a small business set-aside multiple-award contract or the set-aside part of a multiple-award contract where the orders are further set aside for a particular socioeconomic category which differs from the underlying multiple-award contract or the set-aside part of the multiple-award contract.
DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at the address shown below on or before November 28, 2023 to be considered in the formation of the final rule….”
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules
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