Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns; Correction, 10732-10733 [2021-03007]

Download as PDF 10732 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 121 and 127 13 CFR Part 127 RIN 3245–AG94 Consolidation of Mentor-Prote´ge´ Programs and Other Government Contracting Amendments; Correction U.S. Small Business Administration. ACTION: Correcting amendments. AGENCY: The U.S. Small Business Administration (SBA) is correcting regulations published in the Federal Register on October 16, 2020. The rule merged the 8(a) Business Development (BD) Mentor-Prote´ge´ Program and the All Small Mentor-Prote´ge´ Program to eliminate confusion and remove unnecessary duplication of functions within SBA. This document is making several technical corrections to the regulations. DATES: Effective February 23, 2021. FOR FURTHER INFORMATION CONTACT: Mark Hagedorn, U.S. Small Business Administration, Office of General Counsel, 409 Third Street SW, Washington, DC 20416; (202) 205–7625; mark.hagedorn@sba.gov. SUPPLEMENTARY INFORMATION: SBA published a final rule revising the regulations pertaining to the 8(a) BD and size programs in order to further reduce unnecessary or excessive burdens on small businesses and to eliminate confusion or more clearly delineate SBA’s intent in certain regulations. (85 FR 66146). This is the third set of corrections. The first set of corrections was published in the Federal Register on November 16, 2020. (85 FR 72916). The second set of corrections was published in the Federal Register on January 14, 2021. This document augments those corrections. In the final rule, SBA amended § 121.103(h) to revise and clarify the requirements for joint ventures. In doing so, the sub-paragraphs in this section were reorganized. The language about ostensible subcontractors moved from § 121.103(h)(4) to § 121.103(h)(2). This document removes references to § 121.103(h)(4) and replaces them with references to § 121.103(h)(2) in the introductory text to § 121.103(h), in paragraph § 121.404(d), and in paragraph § 127.504(g). SUMMARY: List of Subjects 13 CFR Part 121 Administrative practice and procedure, Government procurement, Government property, Grant programs— business, Individuals with disabilities, VerDate Sep<11>2014 21:28 Feb 22, 2021 Loan programs—business, Small businesses. Jkt 253001 * Government contracts, Reporting and recordkeeping requirements, Small businesses. Accordingly, 13 CFR parts 121 and 127 are corrected by making the following correcting amendments: PART 121—SMALL BUSINESS SIZE REGULATIONS 1. The authority citation for part 121 continues to read as follows: ■ Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9); Pub. L. 116–136, Section 1114. 2. In § 121.103 amend paragraph (h) introductory text by revising the secondto-last sentence to read as follows: ■ § 121.103 How does SBA determine affiliation? * * * * * (h) * * * SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture pursuant to paragraph (h)(2). * * * * * * * * 3. Amend § 121.404 by revising paragraph (d) to read as follows: ■ § 121.404 When is the size status of a business concern determined? * * * * * (d) Nonmanufacturer rule, ostensible subcontractor rule, and joint venture agreements. Compliance with the nonmanufacturer rule set forth in § 121.406(b)(1), the ostensible subcontractor rule set forth in § 121.103(h)(2), and the joint venture agreement requirements in § 124.513(c) and (d), § 125.8(b) and (c), § 125.18(b)(2) and (3), § 126.616(c) and (d), or § 127.506(c) and (d) of this chapter, as appropriate, is determined as of the date of the final proposal revision for negotiated acquisitions and final bid for sealed bidding. * * * * * PART 127—WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM 4. The authority citation for part 127 continues to read as follows: ■ Authority: 15 U.S.C. 632, 634(b)(6), 637(m), 644 and 657r. 5. Amend § 127.504 by revising the second sentence of paragraph (g)(1) to read as follows: ■ PO 00000 Frm 00030 Fmt 4700 § 127.504 What requirements must an EDWOSB or WOSB meet to be eligible for an EDWOSB or WOSB requirement? Sfmt 4700 * * * * (g) * * * (1) * * * When the subcontractor is other than small or alleged to be other than small for the size standard assigned to the procurement, this issue may be grounds for a size protest, as described at § 121.103(h)(2) of this chapter. * * * * * John W. Klein, Acting Associate Administrator, Government Contracting and Business Development. [FR Doc. 2021–03008 Filed 2–22–21; 8:45 am] BILLING CODE 8026–03–P SMALL BUSINESS ADMINISTRATION 13 CFR Part 125 RIN 3245–AG85 Ownership and Control of ServiceDisabled Veteran-Owned Small Business Concerns; Correction U.S. Small Business Administration. ACTION: Correcting amendment. AGENCY: The U.S. Small Business Administration (SBA) is correcting regulations that published in the Federal Register on September 28, 2018. The rule issued one definition of ownership and control for the Department of Veterans Affairs verification of Veteran-Owned (VO) and Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) with the SBA. This document is making one technical correction to the regulations. DATES: Effective February 23, 2021. FOR FURTHER INFORMATION CONTACT: Ed Bender, U.S. Small Business Administration, Office of General Counsel, 409 Third Street SW, Washington, DC 20416; (202) 205–6455; edmund.bender@sba.gov. SUPPLEMENTARY INFORMATION: In response to the provisions of the National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017), SBA issued regulations relating to ownership and control for the Department of Veterans Affairs verification of VeteranOwned (VO) and Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) with the SBA. 83 FR 48908. Pursuant to NDAA 2017, SBA issued one definition of ownership and control for these concerns, which applies to the Department of Veterans Affairs in its verification and Vets First Contracting Program procurements, and SUMMARY: E:\FR\FM\23FER1.SGM 23FER1 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations all other government acquisitions which require self-certification. The legislation also provided that in certain circumstances a firm can qualify as VO or SDVO when there is a surviving spouse or an employee stock ownership plan (ESOP). In response to the NDAA 2017 changes, SBA amended the definitions in § 125.11 by incorporating language from VA’s regulations and also from SBA’s 8(a) Business Development (BD) program regulations. 13 CFR part 124, subpart A. In making these amendments, SBA inadvertently removed the definition of ‘‘interested party.’’ This rule adds back the definition. List of Subjects in 13 CFR Part 125 Government contracts, Government procurement, Reporting and recordkeeping requirements, Small businesses, Technical assistance. Accordingly, 13 CFR part 125 is corrected by making the following correcting amendment: PART 125—GOVERNMENT CONTRACTING PROGRAMS 1. The authority citation for part 125 continues to read as follows: ■ Authority: 15 U.S.C. 632(p), (q), 634(b)(6), 637, 644, 657f, 657q, 657r, and 657s; 38 U.S.C. 501 and 8127. 2. Amend § 125.11 by adding in alphabetical order the definition of ‘‘Interested Party’’ to read as follows: ■ § 125.11 What definitions are important in the Service-Disabled Veteran-Owned (SDVO) Small Business Concern (SBC) Program? * * * * * Interested Party means the contracting activity’s contracting officer, SBA, any concern that submits an offer for a specific sole source or set-aside SDVO contract or order (including Multiple Award Contracts), or any concern that submitted an offer in full and open competition and its opportunity for award will be affected by a reserve of an award given to a SDVO SBC. * * * * * John W. Klein, Acting Associate Administrator, Government Contracting and Business Development. [FR Doc. 2021–03007 Filed 2–22–21; 8:45 am] BILLING CODE 8026–03–P VerDate Sep<11>2014 21:28 Feb 22, 2021 Jkt 253001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0900; Product Identifier 2020–NM–080–AD; Amendment 39–21400; AD 2021–02–17] 10733 Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 0900. Examining the AD Docket RIN 2120–AA64 You may examine the AD docket on the internet at https:// Airworthiness Directives; Airbus SAS www.regulations.gov by searching for Airplanes and locating Docket No. FAA–2020– 0900; or in person at Docket Operations AGENCY: Federal Aviation between 9 a.m. and 5 p.m., Monday Administration (FAA), Department of through Friday, except Federal holidays. Transportation (DOT). The AD docket contains this final rule, ACTION: Final rule. any comments received, and other SUMMARY: The FAA is adopting a new information. The address for Docket airworthiness directive (AD) for all Operations is U.S. Department of Airbus SAS Model A318 series Transportation, Docket Operations, M– airplanes; Model A319–111, A319–112, 30, West Building Ground Floor, Room A319–113, A319–114, A319–115, A319– W12–140, 1200 New Jersey Avenue SE, 131, A319–132, A319–133, A319–151N, Washington, DC 20590. and A319–153N airplanes; Model A320 FOR FURTHER INFORMATION CONTACT: series airplanes; and Model A321 series Sanjay Ralhan, Aerospace Engineer, airplanes. This AD was prompted by the Large Aircraft Section, International results of laboratory tests on nonValidation Branch, FAA, 2200 South rechargeable lithium batteries installed 216th St., Des Moines, WA 98198; in emergency locator transmitters (ELT), telephone and fax 206–231–3223; email which highlighted a lack of protection Sanjay.Ralhan@faa.gov. against certain currents that could lead SUPPLEMENTARY INFORMATION: to thermal runaway and a battery fire. Discussion This AD requires modifying a certain ELT by installing a diode in the airplane The EASA, which is the Technical circuit connecting the ELT battery, as Agent for the Member States of the specified in a European Union Aviation European Union, has issued EASA AD Safety Agency (EASA) AD, which is 2020–0103, dated May 7, 2020; incorporated by reference. The FAA is corrected May 8, 2020 (EASA AD 2020– issuing this AD to address the unsafe 0103) (also referred to as the Mandatory condition on these products. Continuing Airworthiness Information, DATES: This AD is effective March 30, or the MCAI), to correct an unsafe 2021. condition for all Airbus SAS Model The Director of the Federal Register A318–111, A318–112, A318–121, A318– approved the incorporation by reference 122 airplanes; Model A319–111, A319– of certain publications listed in this AD 112, A319–113, A319–114, A319–115, as of March 30, 2021. A319–131, A319–132, A319–133, A319– 151N, and A319–153N airplanes; Model ADDRESSES: For EASA material A320–211, A320–212, A320–214, A320– incorporated by reference (IBR) in this 215, A320–216, A320–231, A320–232, AD, contact the EASA, KonradA320–233, A320–251N, A320–252N, Adenauer-Ufer 3, 50668 Cologne, A320–253N, A320–271N, A320–272N, Germany; telephone +49 221 8999 000; and A320–273N airplanes; and Model email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this A321–111, A321–112, A321–131, A321– 211, A321–212, A321–213, A321–231, IBR material on the EASA website at A321–232, A321–251N, A321–252N, https://ad.easa.europa.eu. For Airbus A321–253N, A321–271N, A321–272N, SAS service information incorporated A321–251NX, A321–252NX, A321– by reference in this AD, contact Airbus 253NX, A321–271NX, and A321–272NX SAS, Airworthiness Office—EIAS, airplanes. Model A320–215 airplanes Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone are not certificated by the FAA and are not included on the U.S. type certificate +33 5 61 93 36 96; fax +33 5 61 93 44 data sheet; this AD therefore does not 51; email account.airworth-eas@ include those airplanes in the airbus.com; internet https:// applicability. www.airbus.com. You may view this The FAA issued a notice of proposed IBR material at the FAA, Airworthiness rulemaking (NPRM) to amend 14 CFR Products Section, Operational Safety part 39 by adding an AD that would Branch, 2200 South 216th St., Des PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1

Agencies

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10732-10733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03007]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 125

RIN 3245-AG85


Ownership and Control of Service-Disabled Veteran-Owned Small 
Business Concerns; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is correcting 
regulations that published in the Federal Register on September 28, 
2018. The rule issued one definition of ownership and control for the 
Department of Veterans Affairs verification of Veteran-Owned (VO) and 
Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) 
with the SBA. This document is making one technical correction to the 
regulations.

DATES: Effective February 23, 2021.

FOR FURTHER INFORMATION CONTACT: Ed Bender, U.S. Small Business 
Administration, Office of General Counsel, 409 Third Street SW, 
Washington, DC 20416; (202) 205-6455; [email protected].

SUPPLEMENTARY INFORMATION: In response to the provisions of the 
National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017), 
SBA issued regulations relating to ownership and control for the 
Department of Veterans Affairs verification of Veteran-Owned (VO) and 
Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) 
with the SBA. 83 FR 48908. Pursuant to NDAA 2017, SBA issued one 
definition of ownership and control for these concerns, which applies 
to the Department of Veterans Affairs in its verification and Vets 
First Contracting Program procurements, and

[[Page 10733]]

all other government acquisitions which require self-certification. The 
legislation also provided that in certain circumstances a firm can 
qualify as VO or SDVO when there is a surviving spouse or an employee 
stock ownership plan (ESOP).
    In response to the NDAA 2017 changes, SBA amended the definitions 
in Sec.  125.11 by incorporating language from VA's regulations and 
also from SBA's 8(a) Business Development (BD) program regulations. 13 
CFR part 124, subpart A. In making these amendments, SBA inadvertently 
removed the definition of ``interested party.'' This rule adds back the 
definition.

List of Subjects in 13 CFR Part 125

    Government contracts, Government procurement, Reporting and 
recordkeeping requirements, Small businesses, Technical assistance.

    Accordingly, 13 CFR part 125 is corrected by making the following 
correcting amendment:

PART 125--GOVERNMENT CONTRACTING PROGRAMS

0
1. The authority citation for part 125 continues to read as follows:

    Authority:  15 U.S.C. 632(p), (q), 634(b)(6), 637, 644, 657f, 
657q, 657r, and 657s; 38 U.S.C. 501 and 8127.


0
2. Amend Sec.  125.11 by adding in alphabetical order the definition of 
``Interested Party'' to read as follows:


Sec.  125.11  What definitions are important in the Service-Disabled 
Veteran-Owned (SDVO) Small Business Concern (SBC) Program?

* * * * *
    Interested Party means the contracting activity's contracting 
officer, SBA, any concern that submits an offer for a specific sole 
source or set-aside SDVO contract or order (including Multiple Award 
Contracts), or any concern that submitted an offer in full and open 
competition and its opportunity for award will be affected by a reserve 
of an award given to a SDVO SBC.
* * * * *

John W. Klein,
Acting Associate Administrator, Government Contracting and Business 
Development.
[FR Doc. 2021-03007 Filed 2-22-21; 8:45 am]
BILLING CODE 8026-03-P
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