Federal Register - July 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
The second set of corrections was published in the Federal Register on January 14, 2021 86 FR 2957. The third set of corrections was published in the Federal Register on February 23, 2021
86 FR 10732. This document augments those corrections.
In the final rule, SBA amended 121.404a1 to revise and clarify when the size status of a business concern is determined for a multipleaward contract. In doing so, SBA
inadvertently removed 121.404a1iv, which concerned when the size of a concern is determined for multiple-award contracts for which offerors are not required to submit price as part of the offer. SBA
did not intend to delete that provision.
This document adds back in 121.404a1iv as it appeared in SBAs regulations prior to the final rule.
This rule also corrects a typographical error contained in the introductory text of 121.404g by removing the word until from the second sentence.
The final rule also revised 121.404g2 to add language relating to the effect a merger, sale or acquisition that occurs between a concerns offer for a particular procurement and the date of award for that procurement would have on the concerns continued eligibility to receive the award and a procuring agencys ability to continue to receive small business credit. The final rule inadvertently left out a corresponding change to 121.404g4. This rule corrects that omission by adding the words or pending to 121.404g4
to make clear that the revisions to 121.404g2 were intended to apply to orders issued under multiple award contracts MACs as well.
Finally, the final rule also made several revisions to 124.509 regarding business activity targets applying to Participants in SBAs 8a Business Development program. One of the changes made by the final rule was to clarify that SBA will compare 8a and non-8a revenues in a Participants program year, as opposed to its fiscal year. The final rule intended to change all references from fiscal year to program year. However, one reference to fiscal year was mistakenly left in 124.509b3. This correction changes fiscal year to program year in 124.509b3.
List of Subjects 13 CFR Part 121
Administrative practice and procedure, Government procurement, Government property, Grant programs business, Individuals with disabilities,
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Loan programsbusiness, Small businesses.
13 CFR Part 124
Administrative practice and procedure, Government procurement, Government property, Small businesses.
Accordingly, 13 CFR parts 121 and 124 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. Amend 121.404 by a. Adding paragraph a1iv;
b. Revising the second sentence of paragraph g introductory text; and c. Revising the second sentence of paragraph g4.
The addition and revisions read as follows:
121.404 When is the size status of a business concern determined?
a
1
iv For an indefinite delivery, indefinite quantity IDIQ, Multiple Award Contract, where concerns are not required to submit price as part of the offer for the IDIQ contract, size will be determined as of the date of initial offer, which may not include price.
g Similarly, a concern that represents itself as a small business and qualifies as small after a required recertification under paragraph g1, 2, or 3 of this section is generally considered to be a small business throughout the life of that contract.
4 However, if the Multiple Award Contract was set-aside for small businesses, partially set-aside for small businesses, or reserved for small business, then in the case of a contract novation, or merger or acquisition where no novation is required, where the resulting contractor is now other than small, the agency cannot count any new or pending orders issued pursuant to the contract, from that point forward, towards its small business goals.
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PART 1248a BUSINESS
DEVELOPMENT/SMALL
DISADVANTAGED BUSINESS STATUS
DETERMINATIONS
3. 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.
4. Amend 124.509 by revising the first sentence of paragraph b3 to read as follows:
124.509 What are non-8a business activity targets?
b
3 SBA will measure the Participants compliance with the applicable non-8a business activity target at the end of each program year in the transitional stage by comparing the Participants non-8a revenue to its total revenue during the program year just completed.
Antonio Doss, Acting Associate Administrator, Office of Government Contracting and Business Development.
FR Doc. 202115357 Filed 72121; 8:45 am BILLING CODE 802603P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210156; Project Identifier AD202001594T; Amendment 3921650; AD 20211503
RIN 2120AA64
Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes Federal Aviation Administration FAA, DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new airworthiness directive AD for certain Gulfstream Aerospace Corporation Gulfstream Model GVIIG500
airplanes. This AD results from flap yoke fittings with design features that cause decreased fatigue life. This AD
requires replacing the flap inboard and outboard yoke fitting assemblies and establishing a 20,000 flight cycle life limit for the fittings. The FAA is issuing this AD to address the unsafe condition on these products.
SUMMARY:
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22JYR1