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Pending Small Business Regulatory Actions:

Acquisition Process:  Task and Delivery Order Contracts, Bundling, Consolidation, 77 Fed. Reg. 29130 (May 16, 2012) (Proposed Rule).

  • Authorizes set-asides of orders issued under Multiple Award Contracts including those on the GSA Schedule; discusses process for applying NAICS codes to orders
  • Addresses contract “consolidation” vs. “bundling;”  consolidation must be justified
  • Exempts “Small Business Teaming Arrangements” from affiliation rule for “bundled” contracts that have a “reserve”

Status: Final rule not likely to be issued until 2nd Quarter of this year.

Small Business Size and Status Integrity, 76 Fed. Reg. 62313, 62314 (October 7, 2011) (Comment period closed 12/08/11).

  • Implements Section 1341 of Small Business Jobs Act regarding the “presumed loss rule”
  • Implements Section 1342 of the Small Business Jobs Act regarding annual certification in ORCA
  • Implements Section 1342 of the Small Business Jobs Act “limitation of liability” provision

Status: Final Rule scheduled to be released 3/13.

Small Business Subcontracting, 76 Fed. Reg. 61626 (October 5, 2011) (Proposed Rule).

  • Prime must notify CO if it fails to use proposed small business sub
  • Prime must notify CO if payment overdue (by 90 days) or if payment is “reduced”
  • Evaluation of NAICS codes assigned by prime to subcontracts

Status:  Final Rule set to be released 3/13.

Proposed Small Business Regulatory Actions:

Accelerated Payments to Small Business Subcontractors, 78 Fed. Reg. 2893 (Decmber 19, 2012)

  • Implements temporary policy established by OMB in July 2012
  • Comments due February 19, 2013

Small Business Set-Asides for Research and Development Contracts, 77 Fed. Reg. 47797 (August 10, 2012)

  • Clarifies for Contracting Officers that R&D contracts also should be set-aside for competition among small businesses if there is a reasonable expectation that there are businesses capable of providing the best scientific and technological approaches
  • Comments were due October 12, 2012

Small Business Jobs Act:  Small Business Mentor-Protégé Programs

  • Regulations addressing SDVOSB, WOSB and HUBZone Mentor-Protégé Programs authorized by the Small Business Jobs Act
  • Has not been released by SBA

Small Business HUBZone Program

  • Comprehensive revisions of HUBZone regulations
  • Proposed Rule scheduled to be published for notice and comment 10/13