On May 16, 2012, SBA issued a notice of proposed rulemaking to address the use of set-asides on multiple award contracts and to clarify the regulations on bundling and contract consolidation. This proposed rule would amend SBA’s regulations to implement the following sections of the Small Business Jobs Act of 2010: section 1311 (definition of multiple award contract); section 1313 (consolidation of contracts definitions, policy, limitations on use, determination on necessary and justified); and section 1331 (reservation and set-aside of multiple award contracts and orders against multiple award contracts for small businesses). SBA also is proposing to amend the NAICS code appeal rules to permit challenges to NAICS codes on unrestricted procurements. SBA is proposing an amendment to the limitations on subcontracting to explain that the period of performance for each order issued against a multiple award contract will be used to determine compliance with the performance requirements.
Comments on the proposed rule will be accepted by SBA until July 16, 2012.