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SBA

RIN: 3245-AG20

Publication ID: Fall 2011

Title: Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation
Abstract: The U.S. Small Business Administration (SBA) is proposing regulations that will establish guidance under which Federal agencies may set aside part of a multiple award contract for small business concerns, set aside orders placed against multiple award contracts for small business concerns, and reserve one or more awards for small business concerns under full and open competition for a multiple award contract. These regulations will apply to small businesses, including those small businesses eligible for SBA's socioeconomic programs. The U.S. Small Business Administration is proposing regulations that will set forth a Governmentwide policy on bundling, which will address teams and joint ventures of small businesses and the requirement that each Federal agency must publish on its website the rationale for any bundled contract. In addition, the proposed regulations will address contract consolidation and the limitations on the use of such consolidation in Federal procurement to include ensuring that the head of a Federal agency may not carry out a consolidated contract over $2 million unless the Senior Procurement Executive or Chief Acquisition Officer ensures that market research has been conducted and determines that the consolidation is necessary and justified.
Agency: Small Business Administration(SBA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 13 CFR 121, 124 to 127, 134 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 111-240, sec 1311, 1312, 1313, 1331

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	SBA, with Office of Federal Procurement Policy, must issue guidance by September 27, 2011, under section 1331.	09/27/2011

Statement of Need: The law recognizes that many small businesses were losing Federal contract opportunities when agencies issue multiple award contracts. This will improve small business participation in the acquisition process and provide clear direction to contracting officers by authorizing small business set-asides in multiple-award contracts.

Summary of the Legal Basis: The Small Business Jobs Act of 2010, Public Law No. 111-240, section 1331, requires the SBA to issue regulations implementing this provision within one year from the date of enactment.

Alternatives: SBA has not yet determined the costs resulting from this regulation.

Anticipated Costs and Benefits: This provision will allow small businesses to gain access to multiple award contracts through prime contract awards or through set-asides of the orders of the prime contracts. This should increase opportunities for small businesses.

Risks: Not applicable.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2011

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: Yes
Agency Contact: Dean R. Koppel Assistant Director, Office of Policy and Research Small Business Administration 409 Third Street SW., Washington, DC 20416 Phone:202 205-7322 Fax:202 481-1540 Email: dean.koppel@sba.gov