Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments; Correction
| Published date | 22 July 2021 |
| Citation | 86 FR 38537 |
| Record Number | 2021-15357 |
| Section | Rules and Regulations |
| Court | Small Business Administration |
Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38537-38538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15357]
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SMALL BUSINESS ADMINISTRATION
13 CFR Parts 121 and 124
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 amendment.
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SUMMARY: The U.S. Small Business Administration (SBA) is correcting a
final rule that was 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 technical corrections to the final regulations.
DATES: Effective July 22, 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: On October 16, 2020, 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 more clearly delineate SBA's intent in certain
regulations (85 FR 66146). This is the fourth set of corrections. The
first set of corrections was published in the Federal Register on
November 16, 2020 (85 FR 72916).
[[Page 38538]]
The second set of corrections was published in the Federal Register on
January 14, 2021 (86 FR 2957). The third set of corrections was
published in the Federal Register on February 23, 2021 (86 FR 10732).
This document augments those corrections.
In the final rule, SBA amended Sec. 121.404(a)(1) to revise and
clarify when the size status of a business concern is determined for a
multiple-award contract. In doing so, SBA inadvertently removed Sec.
121.404(a)(1)(iv), which concerned when the size of a concern is
determined for multiple-award contracts for which offerors are not
required to submit price as part of the offer. SBA did not intend to
delete that provision. This document adds back in Sec.
121.404(a)(1)(iv) as it appeared in SBA's regulations prior to the
final rule.
This rule also corrects a typographical error contained in the
introductory text of Sec. 121.404(g) by removing the word ``until''
from the second sentence.
The final rule also revised Sec. 121.404(g)(2) to add language
relating to the effect a merger, sale or acquisition that occurs
between a concern's offer for a particular procurement and the date of
award for that procurement would have on the concern's continued
eligibility to receive the award and a procuring agency's ability to
continue to receive small business credit. The final rule inadvertently
left out a corresponding change to Sec. 121.404(g)(4). This rule
corrects that omission by adding the words ``or pending'' to Sec.
121.404(g)(4) to make clear that the revisions to Sec. 121.404(g)(2)
were intended to apply to orders issued under multiple award contracts
(MACs) as well.
Finally, the final rule also made several revisions to Sec.
124.509 regarding business activity targets applying to Participants in
SBA's 8(a) Business Development program. One of the changes made by the
final rule was to clarify that SBA will compare 8(a) and non-8(a)
revenues in a Participant's program year, as opposed to its fiscal
year. The final rule intended to change all references from fiscal year
to program year. However, one reference to fiscal year was mistakenly
left in Sec. 124.509(b)(3). This correction changes fiscal year to
program year in Sec. 124.509(b)(3).
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 124
Administrative practice and procedure, Government procurement,
Government property, Small businesses.
Accordingly, 13 CFR parts 121 and 124 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. Amend Sec. 121.404 by
0
a. Adding paragraph (a)(1)(iv);
0
b. Revising the second sentence of paragraph (g) introductory text; and
0
c. Revising the second sentence of paragraph (g)(4).
The addition and revisions read as follows:
Sec. 121.404 When is the size status of a business concern
determined?
* * * * *
(a) * * *
(1) * * *
(iv) For an indefinite delivery, indefinite quantity (IDIQ),
Multiple Award Contract, where concerns are not required to submit
price as part of the offer for the IDIQ contract, size will be
determined as of the date of initial offer, which may not include
price.
* * * * *
(g) * * * Similarly, a concern that represents itself as a small
business and qualifies as small after a required recertification under
paragraph (g)(1), (2), or (3) of this section is generally considered
to be a small business throughout the life of that contract. * * *
* * * * *
(4) * * * However, if the Multiple Award Contract was set-aside for
small businesses, partially set-aside for small businesses, or reserved
for small business, then in the case of a contract novation, or merger
or acquisition where no novation is required, where the resulting
contractor is now other than small, the agency cannot count any new or
pending orders issued pursuant to the contract, from that point
forward, towards its small business goals. * * *
* * * * *
PART 124--8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS
STATUS DETERMINATIONS
0
3. The authority citation for part 124 continues to read as follows:
Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d), 644 and
Pub. L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L.
101-574, section 8021, Pub. L. 108-87, Pub. L. 116-260, sec. 330,
and 42 U.S.C. 9815.
0
4. Amend Sec. 124.509 by revising the first sentence of paragraph
(b)(3) to read as follows:
Sec. 124.509 What are non-8(a) business activity targets?
* * * * *
(b) * * *
(3) * * * SBA will measure the Participant's compliance with the
applicable non-8(a) business activity target at the end of each program
year in the transitional stage by comparing the Participant's non-8(a)
revenue to its total revenue during the program year just completed. *
* *
* * * * *
Antonio Doss,
Acting Associate Administrator, Office of Government Contracting and
Business Development.
[FR Doc. 2021-15357 Filed 7-21-21; 8:45 am]
BILLING CODE 8026-03-P
