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Small Business Regulatory Enforcement Fairness Act (SBREFA)

Published Jan. 31, 2024
Updated: Feb. 1, 2024

As a small business contractor, if you feel you have been unfairly treated, read and follow the steps below regarding regulatory enforcement fairness.

REGULATORY ENFORCEMENT FAIRNESS

USACE Step-by-Step Resolution Process for Unfair Regulatory Enforcement

Pursuant to the Small Business Regulatory Enforcement Fairness Act (SBREFA), The Great Lakes and Ohio River Division District Office of Small Business Programs is committed to successfully mitigating concerns between USACE and small business contractors. Inquiries may include excessive enforcement actions such as repetitive audits and investigations, and unreasonable fines, penalties, threats, retaliation, or other unfair actions. USACE offers the following chronological, streamlined process to expedite a mutually beneficial resolution for small businesses.


This act makes small businesses aware of their right to pursue relief through the Small Business Administration under the SBREFA of 1996 on matters such as excessive regulatory compliance, improper procurement procedures and other impediments to small businesses.
Small Business Regulatory Enforcement Fairness Act of 1996 Summary of SBREFA

Step 1: Contractors should first contact the local district Small Business Professional (SBP). You can find your respective district in the contact tab.

Step 2: If the contractor inquiry is not addressed within 30 days in Step 1, the contractor should elevate their concern to the Division Assistant Director of Small Business (AD) at: sbo-lrd@usace.army.mil.

Step 3: If the contractor inquiry is not addressed within 30 days in Step 2, the contractor should contact, HQ USACE Office of Small Business Programs, at small-business-hq@usace.army.mil with the following information:

  • Include “SBREFA Inquiry” in the subject heading
  • Contractor name and contact information
  • USACE contract or solicitation number
  • USACE District/Center location
  • Names of USACE employees the contractor previously contacted
  • Brief description and current status of the issue

If you have not received resolution, contact the Office of the National Ombudsman (ONO), U.S. Small Business Administration. Submit an online request for assistance at www.sba.gov/ombudsman/comment or download a printable Federal Agency Comment Form (SBA Form 1993) and submit documentation via email (preferred) to: ombudsman@sba.gov mail, or fax: (202) 481-5719, mail: Office of the National Ombudsman, U.S. Small Business Administration, 409 3rd Street, S.W., Mail Code 2120, Washington, D.C., 20416

For additional information reference:
https://www.sba.gov/sites/default/files/files/Ombudsman_FS_FAQ_01162015-1.pdf

or www.sba.gov/ombudsman