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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules ii SBA will remove the concerns designation as a certified HUBZone small business concern in the Dynamic Small Business Search DSBS. The concern is not permitted to submit an offer as a HUBZone small business concern, until SBA issues a decision that the ineligibility is resolved; and iii After SBA updates the concerns designation as a HUBZone small business in DSBS, the contracting officer shall update the Federal Procurement Data System FPDS to reflect the final decision of the HUBZone Program Director if no appeal is filed.

5 If the AA/GC&BD affirms the decision of the HUBZone Program Director, finding the protested concern is ineligible, and contract award has occurred i The contracting officer shall either A Terminate the contract; or B1 Make a written determination that termination is not in the best interests of the Government; and 2 Not exercise any options or award further task or delivery orders under the contract;
ii SBA will remove the concerns designation as a certified HUBZone small business concern in DSBS. The concern is not permitted to submit an offer as a HUBZone small business concern until SBA issues a decision that the ineligibility is resolved or the AA/
GC&BD finds the concern is eligible on appeal; and iii After SBA updates the concerns designation as a HUBZone small business in DSBS, the contracting officer shall update FPDS to reflect the AA/GC&BD decision.

9. Amend section 19.703 by revising paragraph d1 to read as follows:
19.703 Eligibility requirements for participating in the program.

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d1 Contractors are required to confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or the Dynamic Small Business Search DSBS at https
web.sba.gov/pro-net/search/dsp_
dsbs.cfm.

19.1302

Removed and Reserved
10. Remove and reserve section 19.1302.
11. Amend section 19.1303 by revising paragraphs b and d to read as follows:

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19.1303 Status as a HUBZone small business concern.

b If SBA determines that a concern is a HUBZone small business, it will designate the concern as a HUBZone small business in the Dynamic Small Business Search DSBS at https
web.sba.gov/pro-net/search/dsp_
dsbs.cfm. SBAs designation also appears in SAM. Only firms designated in DSBS as HUBZone small business concerns are eligible for HUBZone preferences. HUBZone preferences are not contingent on the place of performance.

d To be eligible for a HUBZone contract under this section, a HUBZone small business concern must be a HUBZone small business concern at the time of its initial offer.
19.1304

Amended
12. Amend section 19.1304 by removing paragraph e and redesignating paragraph f as paragraph e.

19.1305

Amended
13. Amend section 19.1305 by a. Removing from paragraph a3
sole source and adding sole-source in its place;
b. Removing from paragraph c qualified;
c. In paragraph d i. Removing from the introductory text , except for acquisitions not exceeding the simplified acquisition threshold,;
and ii. Removing from paragraph 2
acquisition and adding acquisition until the head of the contracting activity issues a written decision on the appeal, in its place.
14. Amend section 19.1306 by a. Revising the section heading;
b. In paragraph a i. Removing from the introductory text sole source and adding sole-source in its place;
ii. Removing paragraph 4;
iii. Redesignating paragraphs 5 and 6 as paragraphs 4 and 5; and c. Removing from paragraph b sole source award and adding sole-source award see 13 CFR 126.610 in its place.
The revision reads as follows:

19.1306

19.1309

HUBZone sole-source awards.

Amended
15. Amend section 19.1309 by removing from paragraph a1 Sole Source Award and sole source basis and adding Sole-Source Award and
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PART 52SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
16. Amend section 52.2123 by revising the date of the provision and paragraph c10i to read as follows:

52.2123 Offeror Representations and CertificationsCommercial Items.

Offeror Representations and CertificationsCommercial Items DATE

c
10
i It b is, b is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search, and will attempt to maintain see 13 CFR 126.200e an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract;
and

17. Amend section 52.2125 by a. Revising the date of the clause;
b. Removing from paragraph b11i Sole Source and MAR 2020 and adding Sole-Source and DATE in their places, respectively;
c. Removing from paragraph b12i MAR 2020 and adding DATE in its place;
d. Removing from paragraph b16
OCT 2018 and adding DATE in its place;
e. Removing from paragraph b17i JUN 2020 and adding DATE in its place;
f. In paragraph e1
i. Removing from the introductory text of this paragraph; and ii. Removing from paragraph v OCT 2018 and adding DATE in its place;
g. In Alternate II
i. Revising the date; and ii. In paragraph e1iiE removing OCT 2018 and adding DATE in its place.
The revisions read as follows:
52.2125 Contract Terms and Conditions Required To Implement Statutes or Executive OrdersCommercial Items.

sole-source basis in their places, respectively.

Contract Terms and Conditions Required To Implement Statutes or Executive OrdersCommercial Items DATE

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