This change does not apply to the Federal Supply Schedule (FSS) program. This change could have a significant impact, as SBA estimates that in 2018, 10% of the set-aside orders that were issued under unrestricted MACs were awarded to businesses that were no longer small. This change is intended to prevent businesses that have outgrown their size standard from continuing to win set-aside contracts. For one, offerors will now be required to recertify their size and status for any task order that is issued as a set-aside under any MAC that was awarded on an unrestricted basis. The rule also makes changes to procurements involving multiple award contracts (MACs). The rule also eliminates the current three-award limit for joint ventures so that a joint venture may exist for two years following the date of its first award, regardless of how many contracts it is awarded. Instead, like joint venture agreements for other SBA programs, no approval will be required. The final rule also eliminates the requirement for SBA to approve an 8(a) joint venture agreement before the 8(a) joint venture may be awarded a competitive 8(a) contract. All current 8(a) Program Mentor-Protégé relationships may continue to operate as a SBA-approved mentor-protégé relationships under the All Small Mentor-Protégé Program. As of November 16, 2020, the 8(a) Mentor-Protégé Program will no longer exist. Since the All-Small Mentor-Protégé Program was introduced in 2016, many have questioned why the 8(a) Mentor-Protégé Program continued. The focus of the rule is the consolidation of SBA's two mentor-protégé programs. With the exception of one provision, the final rule goes into effect on November 16, 2020. The proposed rule drew so much attention that SBA extended the comment deadline to allow interested parties to weigh in. Key among these changes was the merging of the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program into one. The Small Business Administration (SBA) has issued a final rule, following their proposed November 2019 rule, changing a large number of regulations which affect several aspects of small business set-aside contracting.
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