FAR 2.0 Update: Part 33 Protests, Disputes, and Appeals

Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, and most commonly simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). Initiated by Executive Order in April 2025, the new RFO process has been going quickly, with lots of proposed revisions.

Our earlier posts regarding various aspects of the RFO can be found here: Executive OrderOverview of FAR 2.0FAR Part 6FAR Part 19, FAR Part 12, FAR Part 15.

In this post, we’ll review one proposed revision that seems to make some slight changes to the language: Part 33 Protests, Disputes, and Appeals. In particular, this part incentivizes the use of agency level protests over other types of protests.

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Shopping for a New Small Business: How Acquisitions Affect Size Status for Multiple-Award Contracts

As federal contracts attorneys, we often get questions about what happens in the event of an acquisition of a small business. Reporting requirements, whether before or after an acquisition, tend to vary from one type of small business socioeconomic program to another. And there are other considerations such as whether the small business in question is the one being acquired or the one acquiring another small business and the timing with regard to proposal submission, contract performance, task orders,  and other variables. Taking those together, and it can be, well, confusing, to say the least. In the case of Forward Slope, Inc., SBA’s Office of Hearings and Appeals (OHA) took a look at some of these variables to determine how an acquisition can affect the size of a concern awarded a multiple award contract.

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GAO: Debriefings Only Delay Filing Deadlines For GAO Protest

While losing a procurement is never easy, many contractors will learn some valuable lessons from a debriefing. On top of that, a debriefing can delay bid protest filing deadlines at GAO. However, recently, GAO clarified that the bid protest filing deadline delay for debriefings only applies to GAO protests. A protestor found this out the hard way after a pre-award debrief, and multiple protest actions.

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