We Read the Federal Register so You Don’t Have To SBA is proposing a number of rule changes, most of them relating to size protests and appeals. SBA proposes to clarify rules so that protests and appeals are handled the same way in all socioeconomic programs. In case of a protest, if SBA decides that a company is eligible for award, the procuring agency may award the contract without waiting for an appeal. If the initial decision is overturned on appeal after the award is made, the contracting officer is not required to terminate the contract, although he may do so. If SBA initially decides that a company is not eligible, and it has already been awarded a contract, the contracting officer must terminate the contract or decline to exercise the next option. Assignment of NAICS codes to a procurement. The proposed rule says each procurement should be classified based solely on the purpose of the procurement. Under current rules the contracting officer may consider other factors, such as the code assigned to similar procurements in the past. The same criterion would apply to multiple award contracts. However, if a multiple award procurement is divided into contract line item numbers (CLINs) or special item numbers (SINs), each CLIN or SIN should be assigned the single NAICS code that best describes the principal purpose of the item. Delete the requirement for size recertification when a procurement is modified. Currently when a procurement is modified in midstream so that offers have to be resubmitted, offerors must recertify their size status. “Disqualifying an offeror based on whether a procuring agency’s requirement changes during the course of a protracted procurement unfairly punishes both the procuring agency and offerors that have expended time and resources pursuing the procurement,” SBA said. “In SBA’s view, the procurement community is better served if there is a clear bright line for purposes of determining eligibility for award.” Size protests. The proposed rule would give SBA 15 business days to decide a size protest, and the contract could not be awarded during that time. The current limit is 10 days, “if possible.” SBA said it does not usually meet the 10-day standard. Size determinations. SBA proposes to stop reopening its decisions in size determination cases. When it issues a final determination, and no timely challenge is filed in court, “that is the end of the matter.” Size appeals would be allowed after a contract is awarded. If SBA ruled that the company was not small, the contracting officer may, but is not required to, take action such as terminating the contract or denying an option. However, after a contract is awarded, if SBA’s Office of Hearings and Appeals finds that the awardee was not small, the procuring agency cannot count that contract toward its small business goals. NAICS code appeals. SBA is proposing that it be permitted to file a NAICS code appeal at any time before offers or bids are due. Currently SBA has 10 days after a solicitation is issued to file an appeal, but the agency says it often does not receive notice of the solicitation until more than 10 days have elapsed. Contracting officers would be required to give public notice when a NAICS code appeal is filed so other bidders or offerors could present evidence. Comments on the rule, RIN: 3245-AF65, are due March 31.