Controversial "correction" in final rule

      The SBA’s final rule of Oct. 16 includes a requirement expected to have broad impact: that a small business must recertify its size and status when seeking set-aside task orders under unrestricted multiple award contracts.

      The provision originated in an SBA opinion in 2018 that contradicted a decision by its own Office of Hearings and Appeals (OHA). SBA then issued a "technical correction" without public notice and comment to implement the provision, raising questions about whether the law supported SBA or OHA.

      SBA subsequently sought comments on the measure in its 2019 proposed rule that preceded the recent final rule.

More information:
PilieroMazza PLLC’s analysis: https://bit.ly/3kwypVb

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