Four rules in effect on Oct. 28

      Four final rules aligning the Federal Acquisition Regulation with Small Business Administration rules affecting small business federal contractors will take effect next week on Oct. 28.

      The four final rules are:

• Policy on Joint Ventures--This final rule implements the Small Business Administration’s statutory and regulatory changes that eliminated SBA approval of joint venture agreements for competitive 8(a) awards.

        It also clarifies that 8(a) joint ventures are not accepted into the 8(a) program. At the same time, a joint venture comprised of a protégé and its mentor may seek any type of small business contract, including a contract under a socioeconomic program, for which the protégé qualifies. Read the final rule at: https://bit.ly/3s3sU5D

• Construction Contract Administration - The final rule requires federal agencies to provide a notice, along with the solicitation to prospective offerors, regarding definitization of requests for equitable adjustment related to change orders under construction contracts.

        The agencies must provide data on how long it took for them to definitize requests for equitable adjustment on construction contracts in the last three years. Read the final rule at: https://bit.ly/3CBXUi2.

• HUBZone program updates - This final rule states that HUBZone entities are certified by SBA annually, allowing entities to remain eligible for the entire year.

        In addition, contracting officers may award HUBZone set-aside and sole-source contracts at or below the simplified acquisition threshold. Read the final rule at https://bit.ly/3S44qnDhttps://bit.ly/3S44qnD.

• Certification of WOSBs - The final rule aligns the FAR with SBA’s rules requiring companies participating in SBA’s Women-Owned Small Business Program to apply for certification at SBA and at approved third-party certifiers.

        WOSBs that do not participate in the program still may represent their status and be awarded contracts outside the WOSB’s program, and those contracts count toward the agency’s WOSB goal.

More information:
Final rule: https://bit.ly/3gekgPq

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