Overview
FAR Subpart 42.16 outlines the requirements for Contracting Officers (COs) to maintain responsive and timely communication with small business concerns regarding contract administration matters. The subpart ensures that small businesses receive definitive answers to their inquiries, preventing administrative delays that could disproportionately impact smaller firms.
Key Rules
- 30-Day Response Requirement: The Contracting Officer must make every reasonable effort to provide a written response to a small business's written inquiry within 30 days.
- Notification of Delay: If a response cannot be provided within 30 days, the CO must send a written notification within that same 30-day window identifying the specific date they expect to provide the full response.
- Administrative Scope: These rules apply specifically to general "contract administration matters" (e.g., questions regarding performance, payments, or clauses).
- Exclusion of CDA Claims: This subpart does not apply to formal claims or disputes submitted under 41 U.S.C. chapter 71 (the Contract Disputes Act).
Responsibilities
- Contracting Officer (CO):
- Reviewing and evaluating written requests from small business contractors.
- Drafting and transmitting written responses within the 30-day window.
- Managing timelines and providing interim notifications if a delay is unavoidable.
- Small Business Concern:
- Submitting inquiries in writing to trigger the formal 30-day response window.
- Distinguishing between general administrative inquiries and formal legal claims under the Contract Disputes Act.
Practical Implications
- Accountability and Transparency: This regulation prevents "administrative silence," ensuring small businesses are not left in limbo regarding critical contract questions. For a small business with limited cash flow, a delay in answering a payment or performance question can be detrimental.
- Strategic Communication: Small business contractors should explicitly reference FAR 42.1601 in their written correspondence to remind the CO of the regulatory timeline.
- Documentation: Both parties must maintain a clear paper trail. For the CO, this protects against claims of negligence; for the contractor, it establishes a timeline should the matter eventually escalate into a formal dispute.
- Risk Mitigation: By mandating a specific date for delayed responses, the FAR forces government agencies to prioritize small business inquiries, which helps mitigate operational risks for the contractor.