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SBA RIN: 3245-AF65 Publication ID: Fall 2008 
Title: Small Business Size Regulations; Business Status Determinations; Protest and Appeal Regulations 
Abstract: SBA is proposing to standardize protest and appeal regulations across all small business programs and clarify the effect of a negative determination on the procurement in question. SBA’s proposed rule will clarify that an award should not be made to an ineligible concern, and in cases where an award has been made prior to an SBA final decision finding a business to be ineligible, the contracting agency shall either terminate the contract, not exercise an option, or not award further task or delivery orders to the ineligible concern. SBA is also proposing to clarify how contracting officers select NAICS codes for multiple award task and delivery order contracts. The changes recommended were prompted by recent bid protest litigation, a survey of cases handled by SBA's Government Contracting Area Offices and recent rulings by the Office of Hearings and Appeals. 
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    13 CFR 124    13 CFR 125    13 CFR 126    13 CFR 134   
Legal Authority: 15 USC 632    15 USC 634   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Gary M. Jackson
Division Chief, Division of Size Standards, Office of Government Contracting/Business Development
Small Business Administration
409 Third Street SW,
Washington, DC 20416
Phone:202 205-6618
Fax:202 205-6390
Email: gary.jackson@sba.gov