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SBA

RIN: 3245-AG20

Publication ID: 2012

Title: Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation
Abstract: The U.S. Small Business Administration (SBA) is issuing 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 regulations will also 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 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: Final 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	The Small Business Jobs Act of 2010, Pub. L. No. 111-240, Sec. 1331, requires SBA to issue regulation implementing this provision within one year from date of enactment.	09/27/2011

Statement of Need: As agencies increasingly use multiple award contracts to acquire a wide range of products and services, many small businesses have lost federal contract opportunities. This rule will provide clear direction to contracting officers by authorizing small business set-asides in multiple-award contracts. Such action will in turn increase opportunities for small business to participate in the acquisition process.

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: None--implements statute.

Anticipated Costs and Benefits: One of the primary goals of this rule is to increase small business participation in Federal prime contracting by providing agencies with the discretion to set aside orders under multiple award contracts for small business concerns and other socioeconomic categories. The 348,000 small businesses currently registered to conduct business with the federal government and those seeking to enter the federal contracting arena would benefit from, rather than be burdened by, this rule.

Risks: Not applicable.

Timetable:

Action	Date	FR Cite
NPRM	05/16/2012	77 FR 29130
NPRM Comment Period End	07/16/2012
Final Rule	02/00/2013

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