On December 10, 2013, Law360 published a feature article authored by Todd Overman, Partner, and Marta Thompson, Associate, of Hogan Lovells’ Government Contracts Practice in our Washington, D.C. office. The article, titled “A Call for Clarification of SBA, FAR Recertification Rules,” focuses on the confusion current SBA and FAR regulations, as well as recent changes, create for agencies and contractors regarding when a contractor should know that a contracting officer has requested recertification of a small business’s size status. Overman and Thompson write:
As it stands, too much is left to interpretation to accomplish the SBA’s goal of ensuring that “procurements meant for small businesses should be awarded to small businesses.” With the likely increase of small business set-aside orders under GSA schedules, the SBA and the FAR Council would be wise to consider adopting standard recertification language that could be incorporated in task order solicitations, so that no uncertainty exists as to when recertification is required. Standardized language would take the “guessing game” out of what “explicitly requires” means and provide small (and large) businesses greater transparency and predictability into which procurements they qualify for.
A copy of the article can be viewed here (subscription required).