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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 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 published in the Federal Register on October 16, 2020. The rule merged the 8a Business Development BD Mentor-Protege Program and the All Small Mentor-Protege 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 2057625;
mark.hagedorn@sba.gov.
SUPPLEMENTARY INFORMATION: 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 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 121.103h 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 121.103h4 to 121.103h2. This document removes references to 121.103h4 and replaces them with references to 121.103h2 in the introductory text to 121.103h, in paragraph 121.404d, and in paragraph 127.504g.
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 programsbusiness, Small businesses.

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Government contracts, Reporting and recordkeeping requirements, Small businesses.
Accordingly, 13 CFR parts 121 and 127 are corrected by making the following correcting amendments:
PART 121SMALL BUSINESS SIZE
REGULATIONS
1. The authority citation for part 121
continues to read as follows:

Authority: 15 U.S.C. 632, 634b6, 636a36, 662, and 694a9; Pub. L. 116136, 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 h2.

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 121.406b1, the ostensible subcontractor rule set forth in 121.103h2, and the joint venture agreement requirements in 124.513c and d, 125.8b and c, 125.18b2
and 3, 126.616c and d, or 127.506c 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 127WOMEN-OWNED SMALL
BUSINESS FEDERAL CONTRACT
PROGRAM
4. The authority citation for part 127
continues to read as follows:

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

5. Amend 127.504 by revising the second sentence of paragraph g1 to read as follows:

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Fmt 4700

127.504 What requirements must an EDWOSB or WOSB meet to be eligible for an EDWOSB or WOSB requirement?

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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 121.103h2 of this chapter.

John W. Klein, Acting Associate Administrator, Government Contracting and Business Development.
FR Doc. 202103008 Filed 22221; 8:45 am BILLING CODE 802603P

SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN 3245AG85

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 2056455;
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:

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