DoD, GSA, and NASA issued a final rule effective January 13, 2017, that amended the FAR to raise the simplified acquisition threshold for special emergency procurement authority. The rule affects FAR 2.101, 13.003, 19.203, and 19.502-2, which are being revised to increase the special emergency simplified acquisition threshold from $300,000 to $750,000 domestically, and increase the threshold from $1 million to $1.5 million outside of the United States. Covered acquisitions include those for supplies or services that are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack. This change will lead to more acquisitions, and could mean larger contracts for vendors following emergency situations.
SBA 8(a) Program Changes
DoD, GSA, and NASA issued a final rule effective January 13, 2017, amending the FAR to implement regulatory clarifications made by SBA regarding the 8(a) program. The rule revises FAR 19.804-6(a) to clarify that offers and acceptances are required for orders under multiple-award contacts that were not set aside for competition among 8(a) contractors. The rule also revises FAR 19.814(a) to permit the SBA Inspector General to request a formal size determination. Furthermore, the rule revises FAR 19.815 to clarify that any follow-on 8(a) requirement shall remain in the 8(a) program unless there is a mandatory source for the requirement pursuant to FAR 8.002 or 8.002, or SBA agrees to release the requirement for procurement outside of the 8(a) program. The final rule serves to protect and promote the purpose of the 8(a) program going forward.