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SBA Final Rule 4/27/2023 - 8(a) Changes

Changes take effect for all solicitations issued after May 30, 2023. There are far too many topics in the rule to break down in a single post; I've tried to hit the most common highlights below.

Joint Ventures (JVs):

(1) Clarifies Populated JVs (i.e., a JV that is populated with individuals intended to perform contracts awarded to the JV) eligibility for set-asides, size standard requirements, and how receipts will be counted.

(2) When non-managing partners to the JV can participate in management decisions.

(3) Limits program participants (e.g., WOSB, HUBZone, SDVOSB) from being a JV partner on more than one JV that submits an offer for a specific set-aside, making the restriction now apply equally to contracts or orders set-aside or reserved for 8(a), HUBZone, WOSB, or SDVO programs.

Ostensible Subcontractor Rule: Applicability to General Construction, HUBZone and WOSB/EDWOSB prime contracts, and the SBIR/STTR Programs, to include when rules applicable to JVs may also apply.

8(a) Business Development (BD) Program:

(1) Ownership and control requirements, to include a process to allow a change in ownership for a former participant that is still performing one or more 8(a) contractor.

(2) Clarifies the rules for issuing sole source 8(a) orders under an 8(a) multiple award contract.

Size Determination for Multiple Award Contracts: Clarifies when size is determined for multiple award contracts, even if the initial offer did not include price, and for subsequent orders.

Size and Socioeconomic Status Protests: Revises language across programs to be identical in that "any offeror that the CO has not eliminated from consideration for any procurement-related reason could initiate a size protest." Clarifies language for sealed bidding related to the time frame for protesting the size or socioeconomic status of the low bidder.

Affiliation Based on Franchise and License Agreements: Adds the provision back into the rule that was accidently deleted in an Oct 2020 rule.

The full SBA section-by-section summary is found at

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