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SBA

RIN: 3245-AF65

Publication ID: Fall 2010

Title: Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Protest and Appeal Regulations.
Abstract: SBA is proposing to standardize protest and appeal regulations across all small business programs and to clarify the effect of a negative determination on the procurement in question. The 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 SBA's 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: Final 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	03/01/2010	75 FR 9129
NPRM Comment Period End	03/31/2010
Final Action	02/00/2011

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: Yes
Agency Contact: Dr. Khem Raj Sharma Chief, Office of Size Standards Small Business Administration 409 Third Street SW, Washington, DC 20416 Phone:202 205-7189 Fax:202 205-6390 Email: khem.sharma@sba.gov