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Protests of Orders Set Aside for Small Business (FAR Case 2021-009 - Proposed FAR Rule)

Updated: Oct 3, 2023

On October 3, 2023, the subject proposed rule was published in the Federal Register to make changes to FAR Subpart 19.3 to align with three regulatory changes made via SBA final rules. Those rules are:

Proposes changes to FAR Subpart 19.3 are made to:

  • Clarify the entities that may file a protest.

  • Specify when size protests are due for --

    • Partial set asides and reserves of multiple award contracts (MACs) and

    • Orders set aside under an unrestricted MAC.

    • Excludes orders and Blanket Purchase Agreements (BPAs) under Federal Supply Schedule contracts (aka, GSA Schedule contracts).

  • Specify when protests are due for orders placed under MACs where the Contracting Officer requested re-representation.

  • Specify when protests are due for orders set aside for HUBZone small businesses, SDVOSBs, EDWOSBs, and WOSBs under a MAC that is not itself partially or totally set-aside or reserved for that type of business concern.

    • Excludes orders and Blanket Purchase Agreements (BPAs) under GSA Schedule contracts.

The entire proposed rule is available to view here.

Public and industry comments are due 60 days after the date of publication. Submit omments in response to FAR Case 2021-009 to the Federal eRulemaking portal at by searching for “FAR Case 2021-009”. Select the link “Comment Now” that corresponds with “FAR Case 2021-009”. Follow the instructions provided on the “Comment Now” screen. Please include your name, company name (if any), and “FAR Case 2021-009” on your attached document. If your comment cannot be

submitted using, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

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