DOD, NASA, and GSA Release Proposed Rule Affecting Contracts Under SBA’s 8(a) Program
With regard to the protest regulations that apply to 8(a) procurements, the proposed rule adds FAR Sections 19.813 and 19.814, which inform that an unsuccessful 8(a) offeror may not protest the size or eligibility of an awardee of an 8(a) sole-source contract. Rather, unsuccessful offerors have recourse to request a formal size determination from SBA, which may lead to a determination of ineligibility by the SBA. However, the size of an 8(a) awardee in a competitive procurement may be protested by an offeror provided that the protester was not eliminated for reasons unrelated to size.
The proposed rule also creates FAR Section 19.816, which states that contractors that exit the 8(a) program will no longer be eligible to receive new 8(a) contracts. Similarly, if an 8(a) participant is suspended, it will be ineligible until the contracting agency determines that it is in the Government’s best interest to end suspension and the SBA agrees with this determination. The SBA may suspend a participant from the 8(a) program where there is information showing that the participant is not eligible or the participant’s conduct shows a lack of business integrity (e.g. submission of false statements in an 8(a) application).
Companies may submit final comments on the proposed rule by April 4, 2014. The proposed rule may be accessed here.
New GSA Sales Reporting Rule Eliminates Onerous Price Reductions Clause and Commercial Sales Practices Disclosure Requirements for Participating Contractors
On June 23, 2016, GSA published a much anticipated final rule that amends the General Services Administration Acquisition Regulation (GSAR) to implement new transactional data reporting...24 June 2016
Stacy Hadeka and Allison Bender also contributed to this report.19 May 2016