SBA Rule-Makings – The Future of Notice and Comment and Proposed Changes to SBA’s Size Standards

Bob Tompkins and Hillary Freund will discuss two important recent SBA rule-makings – First, SBA’s published final rule rescinding provisions of its regulations that provided for notice and comment for rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.” We will discuss the scope and interpretation of this rule change and also provide advice on strategies for participating in the rule-making process even when no notice and comment opportunity is formally provided. Second, our panelists will discuss SBA’s proposed rule to significantly reduce the number of size standards it utilizes and significantly alter and increase the size standards that would remain. These proposed changes could fundamentally alter the federal procurement landscape. We will discuss the status of the rule-making process, including the pending comment period, and potential ramifications for contractors of all sizes and across SBA’s procurement programs.