The Small Business Regulatory Enforcement Fairness Act (SBREFA), enacted in Public Law 104-121, as amended by Public Law , and codified in 15 U.S.C. 657 and 5 U.S.C. 601 note, provides for compliance assistance and complaint resolution for small businesses. This page contains information on the DAF’s implementation of certain provisions of SBREFA based on applicable guidance as described below.
The DOD SBREFA Policy (24 June 2024) outlines SBREFA implementation duties of DoD Small Business Professionals with regards to compliance assistance, complaint filing, and non-retaliation:
https://business.defense.gov/Portals/57/SBREFA%20Memo_11%20Apr%202024%20v4%20fm%20signed.pdf
The Headquarters Air Force Mission Directive (HAFMD) 1-30, and the DAF Policy Directive (DAFPD) 90-18 outline SBREFA implementation duties of SAF/SB, DAF Small Business Professionals, and other DAF personnel.
Compliance Assistance and Complaints Resolution via the SBA Office of National Ombudsman (ONO) and the DAF Office of Small Business Programs (SAF/SB); Non-Retaliation for Exercise of SBREFA Rights
Section 213 of SBREFA, codified at 5 U.S.C. 601 note, directs Federal agencies to provide informal compliance assistance and guidance to small businesses. Consistent with HAFMD 1-30, the Director, SAF/SB, serves as the DAF focal point and lead on small business compliance assistance. Consistent with the DoD SBREFA Policy (2024) and the DAFPD 90-18, all DAF Small Business Professionals and all other personnel involved in acquisitions are responsible for ensuring effective compliance assistance to small businesses. To find DAF policies (including SBREFA-related policies) and DAF regulations, small businesses should visit:
Ø The DAF e-Publications site: https://www.e-publishing.af.mil/product-index/
Ø The DAF FAR Supplement (DAFFARS) site: https://www.acquisition.gov/daffars
Ø The DAF Federal Register site: https://www.federalregister.gov/agencies/air-force-department
Section 222 of SBREFA, codified at 15 U.S.C. 657, created the Office of the National Ombudsman (ONO) within the Small Business Administration (SBA). The SBA ONO’s primary purpose is to provide a means for small businesses, small government entities (those serving populations of less than 50,000), and small nonprofit organizations with a means to comment if they have experienced unfair or excessive regulatory compliance or enforcement actions (such as repetitive audits or investigations, excessive fines, and retaliation by federal agencies). The SBA ONO is an impartial liaison that refers complaints on small business regulatory fairness matters to the appropriate federal agency for high-level review and works across government to address those concerns and reduce regulatory burdens on small businesses.
Local remedies: The DoD SREFA Policy (2024) encourages, but does not require, small businesses to work with the local DAF’s command and activity Small Business Professionals prior to submitting a comment to the SBA ONO whenever feasible. This will assist the DAF to resolve validated issues in a timely manner and at the lowest level possible. Exhaustion of local remedies before going to the SBA ONO is not mandatory.
Filing an SBA ONO Comment/Complaint: If the small business wishes to file an ONO comment/complaint, they can do so on the SBA ONO address or website below. The SBA will review the submission from the small business and prepare a memorandum for the Director, SAF/SB, asking for resolution.
SBA ONO address and site:
Email: ombudsman@sba.gov
Mail: U.S. Small Business Administration
Office of the National Ombudsman
409 Third St., SW
Mail code: 2120
Washington, DC 20416
https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman
The DoD SBREFA Policy Directive (2024) directs Small Business Professionals to provide SBA ONO contact information.
Resolution of an SBA ONO Comment/Complaint: Consistent with HAFMD 1-30, the Director, SAF/SB, is assigned the responsibility for resolving SBA ONO SBREFA complaints on behalf of the Secretary of the Air Force. Resolution may take 30 business days or longer, depending on factors such as complexity and security. The SAF/SB decision memorandum resolving the matter or an interim response will be provided to the SBA ONO.
Non-Retaliation for Exercising SBREFA Rights: The DoD SBREFA Policy (2024) prohibits retaliation by Small Business Professionals and mandates reporting of any instances of retaliation to the DoD OSBP and the SBA ONO. The DAFPD 90-18 prohibits retaliation by any DAF personnel involved in acquisitions and assistance transactions.
REFERENCES:
SAF/SB RESPONSIBILITIES from Headquarters Air Force Mission Directive (HAFMD) 1-30 (30 June 2021):
3. Responsibilities. The SAF/SB is specifically responsible for:
3.3. On behalf of the SecAF, resolving the SBA’s complaints and determining whether the SBA’s appeals will be granted or denied.
3.9. Facilitating alignment of Departmental Small Business Programs with the National Defense Strategy and the DoD Small Business Strategy. Reducing barriers to entry into Departmental acquisitions and assistance programs, to include R&D programs. Also serving as the Department’s focal point and lead on regulatory compliance assistance to small businesses in accordance with 15 USC § 631, et seq., Small Business Act; Public Law 107-198 (28 June 2002), Small Business Paperwork Relief Act (SBPRA); Public Law 104-121 (29 March 1996) as amended by Public Law 110-28 (25 May 2007), Small Business Regulatory Enforcement Fairness Act (SBREFA).
SBREFA-Related Provisions of the Department of the Air Force Policy Directive (DAFPD 90-18), Small Business Programs (9 February 2023):
4.3. All DAF senior leaders, commanders, and personnel responsible for planning, supporting, directing, funding, managing, overseeing, setting policy or program requirements for, or executing acquisitions and assistance transactions will:
4.3.7. Ensure that small businesses receive effective regulatory, contractual, or policy compliance assistance, and that there is no retaliation against small businesses or their personnel for exercising SBREFA rights to raise concerns about DAF’s regulatory enforcement actions, requirements, or policies.
Small Entity Compliance Guides: Section 212 of SBREFA, codified in 5 U.S.C. 601 note, requires Federal agencies to publish Small Entity Compliance Guides for agency rules subject to published final regulatory flexibility analysis under 5 U.S.C. 604.
No DAF rules requiring Small Entity Compliance Guides have been issued during FYs 2022-2024. This page will be periodically updated.