SUPPLEMENT: On 2 November 2011 DoD, GSA, and NASA...

2011-11-04T11:20:49.284-05:00

SUPPLEMENT:

On 2 November 2011 DoD, GSA, and NASA issued an interim rule, effective the same day, amending the Federal Acquisition Regulation (FAR) to implement section 1331 of the Small Business Jobs Act of 2010 (Jobs Act). Section 1331 addresses set-asides of task- and delivery-orders under multiple-award contracts, partial set-asides under multiple-award contracts, and the reserving of one or more multiple-award contracts that are awarded using full and open competition. Within this same context, section 1331 also addresses the Federal Supply Schedules Program managed by GSA.

DoD, GSA, and NASA are coordinating with the Small Business Administration (SBA) on the development of an SBA proposed rule that will provide greater detail regarding implementation of section 1331 authorities.

An interagency panel, formed in 2010 by the Obama administration, to study small-business contracting, also found the issue needed some attention since multiple-award contracts have become so popular.

This interim rule amends--

· FAR subpart 8.4 to make clear that order set-asides may be used in connection with the placement of orders and blanket purchase agreements under Federal Supply Schedules;

· FAR subpart 12.2 to acknowledge that discretionary set-asides may be used if placing an order under a multiple-award contract;

· FAR subpart 16.5 to acknowledge that set-asides may be used in connection with the placement of orders under multiple-award contracts, notwithstanding the requirement to provide each contract holder a fair opportunity to be considered;

· FAR part 19 to add a new section authorizing agencies to (1) use set-asides under multiple-award contracts--including set-asides for small businesses participating in the small business programs identified in FAR 19.000(a)(3); and (2) reserve one or more contract awards under multiple-award contracts for small businesses, including any of the socio-economic groups; and

· FAR subpart 38.1 to add a reference to FAR 8.405-5 to make clear that order set-asides may be used in connection with the placement of orders and blanket purchase agreements under Federal Supply Schedules.

· FAR part 52 to amend existing solicitation provisions and contract clauses, including FAR 52.219-6 to provide notice of total set-asides and partial set-asides under multiple-award contracts, and revise existing contract clauses to address limitations on subcontracting for small businesses under multiple award contracts.

OFPP wants agencies to identify possible multiple-award contracts through which they could set- aside orders for small businesses. They also want agencies to set aside more orders when using GSA’s Schedules, according to the notice.

Comments on Small Business Federal Government Contracting: MARKETING TO ACHIEVE A SMALL BUSINESS SET ASIDE CO...

SUPPLEMENT: On 2 November 2011 DoD, GSA, and NASA...