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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations
f Capabilities, past performance, and experience. When evaluating the capabilities, past performance, experience, business systems, and certifications of an entity submitting an offer for a HUBZone 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 HUBZone small business concern 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 127WOMENOWNED SMALL
BUSINESS FEDERAL CONTRACT
PROGRAM

13 CFR Part 127
RIN 3245AG75

Women-Owned Small Business and Economically Disadvantaged WomenOwned Small Business Certification;
Correction U.S. Small Business Administration.
ACTION: Correcting amendment.
AGENCY:

The U.S. Small Business Administration SBA or Agency is correcting regulations that published in the Federal Register on May 11, 2020.
The final rule amended SBAs regulations to implement a statutory requirement to certify Women-Owned Small Business Concerns WOSBs and Economically-Disadvantaged WomenOwned Small Business Concerns EDWOSBs, as well as to clarify existing regulations. This document makes corrections to the final regulations.

SUMMARY:

11. The authority citation for part 127
continues to read as follows:

DATES:

Authority: 15 U.S.C. 632, 634b6, 637m, 644 and 657r.

Brenda Fernandez, Office of Policy, Planning and Liaison, 409 Third Street SW, Washington, DC 20416; 202 205
7337; brenda.fernandez@sba.gov.
SUPPLEMENTARY INFORMATION: This is a correction to a final rule published in the Federal Register on May 11, 2020
85 FR 27650. SBA is correcting dates that were inadvertently transposed in one of the examples to 13 CFR 127.400.
Additionally, SBA is correcting the language in two of the examples to 13
CFR 127.400 to ensure the examples accurately illustrate the application of the new regulatory provisions.

12. Amend 127.506 by revising paragraph f to read as follows:

127.506 May a joint venture submit an offer on an EDWOSB or WOSB
requirement?

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SMALL BUSINESS ADMINISTRATION

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 EDWOSB or WOSB 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 EDWOSB or WOSB small business concern 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.

Francis C. Spampinato, Associate Administrator, Government Contracting and Business Development.

Effective January 14, 2021.

FOR FURTHER INFORMATION CONTACT:

List of Subjects in 13 CFR Part 127
Government contracts, Reporting and recordkeeping requirements, Small businesses.
Accordingly, 13 CFR part 127 is corrected by making the following correcting amendments:
PART 127WOMEN-OWNED SMALL
BUSINESS FEDERAL CONTRACT
PROGRAM
1. The authority citation for part 127
continues to read as follows:

Authority: 15 U.S.C. 632, 634b6, 637m, 644 and 657r.

2. Amend 127.400 by revising paragraph b1 to read as follows:

FR Doc. 202100270 Filed 11321; 8:45 am
127.400 How does a concern maintain its WOSB or EDWOSB certification?

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b
1 SBA or a third-party certifier will conduct a program examination three years after the concerns initial WOSB
or EDWOSB certification whether by SBA or a third-party certifier or three years after the date of the concerns last program examination, whichever date is later.
Example 1 to paragraph b1.
Concern A is certified by SBA to be eligible for the WOSB program on July 20, 2021. Concern A will be considered a certified WOSB that is eligible to receive WOSB contracts as long as it is small for the size standard corresponding to the NAICS code assigned to the contract through July 19, 2022. To participate in the WOSB
Program the following year, Concern A
must recertify its eligibility to SBA
between June 20, 2022, and July 19, 2022. Concern A will be considered a certified WOSB that is eligible to receive WOSB contracts as long as it is small for the size standard corresponding to the NAICS code assigned to the contract through July 19, 2023. To participate in the WOSB Program the following year, Concern A must recertify its eligibility to SBA between June 20, 2023, and July 19, 2023.
Concern A will be considered a certified WOSB that is eligible to receive WOSB
contracts as long as it is small for the size standard corresponding to the NAICS code assigned to the contract through July 19, 2024. To participate in the WOSB Program the following year, Concern A must recertify its eligibility to SBA between June 20, 2024, and July 19, 2024. Because three years will have elapsed since its application and original certification, SBA will conduct a program examination of Concern A at that time. In addition to its representation that it continues to be an eligible WOSB, Concern A must provide additional information as requested by SBA to demonstrate that it continues to meet all the eligibility requirements of the WOSB Program.
Example 2 to paragraph b1.
Concern B is certified by a third-party certifier to be eligible for the WOSB
program on September 27, 2021.
Concern B will be considered a certified WOSB that is eligible to receive WOSB
contracts as long as it is small for the size standard corresponding to the NAICS code assigned to the contract through September 26, 2022. To participate in the WOSB Program the following year, Concern B must recertify its eligibility to SBA between August 28, 2022, and September 26, 2022. Concern B will be considered a certified WOSB
that is eligible to receive WOSB
contracts as long as it is small for the
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