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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations VI. Severity of Violations

27. Section 1017.29 is amended by revising paragraph c to read as follows:

b
1 A Severity Level I violation would be subject to a base civil penalty of up to 100% of the maximum base civil penalty of $100,535.
2 A Severity Level II violation would be subject to a base civil penalty up to 50% of the maximum base civil penalty $50,267.

IX. Enforcement Actions

e
1 DOE may assess civil penalties of up to $100,535 per violation per day on contractors and their subcontractors and suppliers that are indemnified by the Price-Anderson Act, 42 U.S.C. 2210d. See 10 CFR 851.5a.

Civil penalty.

c Amount of penalty. The Director may propose imposition of a civil penalty for violation of a requirement of a regulation under paragraph a of this section or a compliance order issued under paragraph b of this section, not to exceed $278,786 for each violation.

PART 1050FOREIGN GIFTS AND
DECORATIONS

Notice of Violation

1017.29

28. The authority citation for part 1050 continues to read as follows:

Authority: The Constitution of the United States, Article I, Section 9; 5 U.S.C. 7342; 22
U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28
U.S.C. 2461 note.

PART 1013PROGRAM FRAUD CIVIL
REMEDIES AND PROCEDURES

29. Section 1050.303 is amended by revising the last sentence in paragraph d to read as follows:

24. The authority citation for part 1013 continues to reads as follows:

1050.303

Authority: 31 U.S.C. 38013812; 28 U.S.C.
2461 note.

25. Section 1013.3 is amended by revising paragraphs a1iv and b1ii to read as follows:

1013.3 Basis for civil penalties and assessments.

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PART 1017IDENTIFICATION AND
PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR
INFORMATION
26. The authority citation for part 1017 continues to read as follows:

Authority: 42 U.S.C. 7101 et seq.; 50
U.S.C. 2401 et seq.; 42 U.S.C. 2168; 28 U.S.C.
2461 note.

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d The court in which such action is brought may assess a civil penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $21,135.
FR Doc. 202100439 Filed 11321; 8:45 am
a
1
iv Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,803 for each such claim.

b
1
ii Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $11,803 for each such statement.

VerDate Sep<11>2014

Enforcement.

BILLING CODE 645001P

SMALL BUSINESS ADMINISTRATION
13 CFR Part 121, 124, 125, 126, and 127
RIN 3245AG94

Consolidation of Mentor-Protege 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 that published in the Federal Register on October 16, 2020.
The rule merged the 8a Business Development BD Mentor-Protege Program and the All Small MentorProtege Program to eliminate confusion and remove unnecessary duplication of functions within SBA. This document is making several technical corrections to the regulations.
DATES: Effective January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Mark Hagedorn, U.S. Small Business Administration, Office of General SUMMARY:

PO 00000

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Counsel, 409 Third Street SW, Washington, DC 20416; 202 2057625;
mark.hagedorn@sba.gov.
SUPPLEMENTARY INFORMATION: In response to the Presidents directive to simplify regulations, on October 16, 2020, SBA published a final rule revising the regulations pertaining to the 8a BD and size programs in order to further reduce unnecessary or excessive burdens on small businesses and to eliminate confusion or more clearly delineate SBAs intent in certain regulations. 85 FR 66146. This is the second set of corrections. The first set of corrections was published in the Federal Register on November 16, 2020.
85 FR 72916. This document augments those corrections.
First, in amending 121.404a to provide clarification as to the time at which size is determined for multiple award contracts, SBA inadvertently deleted the general rule that size is determined as of the date of the concern submits a written self-certification that it is small to the procuring activity as part of its initial offer or response which includes price. In other words, in amending the exception to the general rule for multiple award contracts, the final rule inadvertently deleted the general rule itself. That was not SBAs intent and SBA did not intend to make any substantive changes to the general rule itself. This rule adds back the general rule language to 121.404a.
Second, the final rule eliminated the requirement that 8a Participants seeking to be awarded a competitive 8a contract as a joint venture submit the joint venture agreement to SBA for review and approval prior to contract award. The preamble to the final rule explained that such approval is no longer necessary because the size protest process has worked well to ensure that small business joint venture partners control performance on non8a contracts with their large business mentors and could work similarly to monitor a joint venturing activity on competitive 8a contracts. To this end, where another offeror believes that a joint venture between a protege and its large business mentor has not complied with the applicable control regulations, it may protest the size of the joint venture. The appropriate Area Office of SBAs Office of Government Contracting would then review the joint venture agreement to determine whether it meets the requirements of SBAs regulations. If that Office determines that the applicable regulations were not followed, the joint venture would lose its exclusion from affiliation, be found to be other than small, and, thus,
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