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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations this chapter as of the date of the final proposal revision for negotiated acquisitions and final bid for sealed bidding in order to be eligible for award.

3. Amend 121.404 by adding introductory text to paragraph a to read as follows:

121.404 When is the size status of a business concern determined?

a Time of size. SBA determines the size status of a concern, including its affiliates, as of the date 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.

PART 1248a BUSINESS
DEVELOPMENT/SMALL
DISADVANTAGED BUSINESS STATUS
DETERMINATIONS
4. The authority citation for part 124
continues to read as follows:

Authority: 15 U.S.C. 634b6, 636j, 637a, 637d, 644 and Pub. L. 99661, Pub.
L. 100656, sec. 1207, Pub. L. 10137, Pub.
L. 101574, section 8021, Pub. L. 10887, Pub. L. 116260, sec. 330, and 42 U.S.C.
9815.

5. Amend 124.501 by revising the introductory text to paragraph k to read as follows:

124.501 What general provisions apply to the award of 8a contracts?

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k In order to be awarded a sole source or competitive 8a construction contract, a Participant must have a bona fide place of business within the applicable geographic location determined by SBA. This will generally be the geographic area serviced by the SBA district office, a Metropolitan Statistical Area MSA, a contiguous county whether in the same or different state, or the geographical area serviced by a contiguous SBA district office to where the work will be performed. SBA
may determine that a Participant with a bona fide place of business anywhere within the state if the state is serviced by more than one SBA district office, one or more other SBA district offices in the same or another state, or another nearby area is eligible for the award of an 8a construction contract.

6. Amend 124.513 by revising paragraph a1, the second sentence of paragraph a2, and paragraphs f, g, h, and j to read as follows:

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124.513 Under what circumstances can a joint venture be awarded an 8a contract?

a
1 A Participant may enter into a joint venture agreement with one or more other small business concerns, whether or not 8a Participants, for the purpose of performing one or more specific 8a contracts.
2 However, where SBA
concludes that an 8a Participant brings very little to the joint venture relationship in terms of resources and expertise other than its 8a status, SBA
will not approve the joint venture to receive an 8a sole source contract award and will find the joint venture to be ineligible for a competitive 8a award if it is determined to be the apparent successful offeror.

f Capabilities, past performance, and experience. When evaluating the capabilities, past performance, experience, business systems, and certifications of an entity submitting an offer for an 8a contract as a joint venture established pursuant to this section, a procuring activity must consider work done and qualifications held individually by each partner to the joint venture as well as any work done by the joint venture itself previously. A
procuring activity may not require the 8a Participant to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. The partners to the joint venture in the aggregate must demonstrate the past performance, experience, business systems, and certifications necessary to perform the contract.
g Contract execution. Where an 8a award will be made to a joint venture, the procuring activity will execute an 8a contract in the name of the joint venture entity or the 8a Participant, but in either case will identify the award as one to an 8a joint venture or an 8a mentor-protege joint venture, as appropriate.
h Amendments to joint venture agreement. Where SBA has approved a joint venture for a sole source 8a contract, all amendments to the joint venture agreement must be approved by SBA.

j Certification of compliance. Prior to the performance of any 8a contract by a joint venture, the 8a BD
Participant to the joint venture must submit a written certification to the contracting officer and SBA, signed by an authorized official of each partner to the joint venture, stating as follows:
1 The parties have entered into a joint venture agreement that fully
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complies with paragraph c of this section; and 2 The parties will perform the contract in compliance with the joint venture agreement and with the performance of work requirements set forth in paragraph d of this section.
3 For a sole source 8a contract, the parties have obtained SBAs approval of the joint venture agreement and any addendum to that agreement and that there have been no modifications to the agreement that SBA has not approved.

PART 125GOVERNMENT
CONTRACTING PROGRAMS
7. The authority citation for part 125
continues to read as follows:

Authority: 15 U.S.C. 632p, q, 634b6, 637, 644, 657f, 657q, 657r, and 657s; 38
U.S.C. 501 and 8127.

8. Revise 125.18b5 to read as follows:

125.18 What requirements must an SDVO SBC meet to submit an offer on a contract?

b
5 Capabilities, past performance, and experience. When evaluating the capabilities, past performance, experience, business systems, and certifications of an entity submitting an offer for an SDVO contract as a joint venture established pursuant to this section, a procuring activity must consider work done and qualifications held individually by each partner to the joint venture as well as any work done by the joint venture itself previously. A
procuring activity may not require the SDVO SBC to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. The partners to the joint venture in the aggregate must demonstrate the past performance, experience, business systems, and certifications necessary to perform the contract.

PART 126HUBZONE PROGRAM
9. The authority citation for part 126
continues to read as follows:

Authority: 15 U.S.C. 632a, 632j, 632p, 644 and 657a; Pub. L. 111240, 24 Stat. 2504.

10. Revise 126.616f to read as follows:

126.616 What requirements must a joint venture satisfy to submit an offer and be eligible to perform on a HUBZone contract?

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