Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments; Correction, 10732 [2021-03008]
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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
]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Page 10732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03008]
[[Page 10732]]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 121 and 127
RIN 3245-AG94
Consolidation of Mentor-Prot[eacute]g[eacute] Programs and Other
Government Contracting Amendments; Correction
AGENCY: U.S. Small Business Administration.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: 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-
Prot[eacute]g[eacute] Program and the All Small Mentor-
Prot[eacute]g[eacute] 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; [email protected].
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 Sec. 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 Sec. 121.103(h)(4) to Sec.
121.103(h)(2). This document removes references to Sec. 121.103(h)(4)
and replaces them with references to Sec. 121.103(h)(2) in the
introductory text to Sec. 121.103(h), in paragraph Sec. 121.404(d),
and in paragraph Sec. 127.504(g).
List of Subjects
13 CFR Part 121
Administrative practice and procedure, Government procurement,
Government property, Grant programs--business, Individuals with
disabilities, Loan programs--business, Small businesses.
13 CFR Part 127
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
0
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.
0
2. In Sec. 121.103 amend paragraph (h) introductory text by revising
the second-to-last sentence to read as follows:
Sec. 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). * * *
* * * * *
0
3. Amend Sec. 121.404 by revising paragraph (d) to read as follows:
Sec. 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 Sec. 121.406(b)(1), the ostensible subcontractor rule set forth in
Sec. 121.103(h)(2), and the joint venture agreement requirements in
Sec. 124.513(c) and (d), Sec. 125.8(b) and (c), Sec. 125.18(b)(2)
and (3), Sec. 126.616(c) and (d), or Sec. 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
0
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.
0
5. Amend Sec. 127.504 by revising the second sentence of paragraph
(g)(1) to read as follows:
Sec. 127.504 What requirements must an EDWOSB or WOSB meet to be
eligible for an EDWOSB or WOSB requirement?
* * * * *
(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 Sec.
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
