FAR UPDATES: Size and Socioeconomic Status Protests related to Multiple-Award Contracts

The new revisions to the Federal Acquisition Regulation (FAR), which take effect on August 29, 2024, provide improvements and clarifications for federal government contractors. These revisions address size and socioeconomic status protests related to multiple-award contract set-asides and reserves, as well as orders issued under multiple-award contracts. Contractors, particularly small businesses, must comprehend these changes in order to navigate the procurement process efficiently.

One significant change is the insertion of a new paragraph to FAR 19.302(d)(1), which specifies the deadline date for protests connected to orders when the contracting officer has requested rerepresentation. This attempts to avoid confusion and guarantee that protests are filed on time. Furthermore, the final rule at FAR 19.302(d)(1)(i) and (ii) specifies the categories of contracts and orders subject to the Small Business Administration's (SBA) five-day protest period, aligning with SBA regulations and providing greater clarity to small businesses and contracting officers.

The revisions also include wording from SBA rules at 13 CFR 121.1004(a)(2)(ii) covering certifications and recertifications, which creates a standard framework for protests. The omission of the word "special" and the reference to FAR 15.503(a)(2) further reduces any confusion about timeliness rules.

For multiple-award contracts, the rule states that a protest filed under a Multiple Award Schedule is timely if received by the SBA any time before the contract's expiration, including renewals. This removes ambiguity and provides a clear timeline for contractors, which benefits small firms that rely on these contracts.

The revisions improve protest procedures for a variety of small business concerns, including HUBZone, Service-Disabled Veteran-Owned Small Businesses (SDVOSB), Women-Owned Small Businesses (WOSB), and Economically Disadvantaged Women-Owned Small Businesses (EDWOSB). By establishing protest deadlines, the FAR provides a more structured and predictable procedure, assisting small businesses in preparing and responding efficiently to procurement opportunities.

These improvements are likely to benefit the acquisition community, particularly small businesses. Clearer criteria and fewer procedural uncertainties boost the protest process's efficiency, benefiting both contractors and the government. Contractors will better understand and meet protest criteria, resulting in a more competitive and equitable procurement market.