On October 7, 2016, SBA issued a proposed rule (81 Fed. Reg. 69,723) that would amend the rules of practice of its Office of Hearings and Appeals (OHA) to authorize it to decide petitions for reconsideration of size standards filed by contractors. Mandated by section 869 of the NDAA for FY 2016, this proposed rule would enable any adversely affected party to petition OHA to hear a challenge to SBA final rules that revise, modify or establish a size standard. Consequently, this proposed rule would provide for greater contractor participation in setting SBA size standards. Under this proposed rule, those wishing to challenge a size standard would have 30 calendar days after the SBA publishes the size standard in the Federal Register. In addition to setting out detailed rules of practice for size standards petitions, the proposed rule would also revise OHA’s general rules of practice, including proposed revisions to the OHA rules of practice for appeals of agency employee grievances.
Comments on this proposed rule must be received on or before December 6, 2016.