The FAR Council is currently working on a number of rules covering a variety of small business contracting issues.  Make no mistake: companies of any size need to apay attention here.  Whether your company or business partner is considered small today, new rules could change that and determine what type of set-asides, if any, are used in specific circumstances.  One new final rule published late last week amends the FAR to implement regulatory changes made by the Small Business Administration to size and socioeconomic status re-representation requirements for orders placed against certain multiple-award contracts. Specifically, business concerns that represented their status as any of the small business concerns identified at FAR 19.000(a)(3) are required to re-represent their size and/or socioeconomic status for orders set aside under the following conditions:

(1) Under unrestricted multiple-award contracts, unless the order is issued against a reserve for which size and/or status was required.

(2) Under a multiple-award contract that was totally or partially set aside for small businesses, and the order requires a different socioeconomic status.

While this rule does not cover Multiple Award Schedule orders such contractors should be aware that ordering contracting officers may still ask for a size revalidation at the time an order is placed. 

Pending rules would extend the “Rule of Two” to all non-Schedule multiple award IDIQ contracts, change small business protest rules, and how certain business transactions impact a company’s size status.  Most of these are currently expected to be issued in the next 90-120 days.  Few people like paying attention rules but not doing so can end up putting your company in “contractor detention”, or worse.