Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations c. Revising paragraph a;
d. In paragraph b1 removing sole source and adding sole-source in its place;
e. In paragraph b3 removing setaside and adding set aside in its place;
f. Removing paragraphs d, e, and f;
g. Redesignating paragraph g as paragraph d; and h. Removing Alternate I.
The revisions read as follows:

52.2193 Notice of HUBZone Set-Aside or Sole-Source Award.

As prescribed in 19.1309a, insert the following clause:
Notice of HUBZone Set-Aside or SoleSource Award SEP 2021
a Definition. HUBZone small business concern, as used in this clause, means a small business concern, certified by the Small Business Administration SBA, that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA 13 CFR 126.103.

18. Amend section 52.2194 by a. In the introductory text removing 19.1309b1 and adding 19.1309b in its place;
b. Revising the date of the clause;
c. Removing paragraphs a, d, and e;
d. Redesignating paragraphs b, c and f as paragraphs a, b and c, respectively;
e. Revising newly redesignated paragraph b; and f. Removing Alternate I.
The revision reads as follows:

52.2194 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

Notice of Price Evaluation Preference for HUBZone Small Business Concerns SEP 2021

b Waiver of evaluation preference. A
HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.
b Offeror elects to waive the evaluation preference.

19. Revise section 52.21914 to read as follows:
jbell on DSKJLSW7X2PROD with RULES2

52.21914

Limitations on Subcontracting.

As prescribed in 19.507e, insert the following clause:
Limitations on Subcontracting SEP
2021
a This clause does not apply to the unrestricted portion of a partial set-aside.

VerDate Sep<11>2014

23:19 Aug 10, 2021

Jkt 253001

b Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that 1 Has the same small business program status as that which qualified the prime contractor for the award e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status; and 2 Is considered small for the size standard under the North American Industry Classification System NAICS code the prime contractor assigned to the subcontract.
c Applicability. This clause applies only to 1 Contracts that have been set aside for any of the small business concerns identified in 19.000a3;
2 Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000a3;
3 Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
4 Orders expected to exceed the simplified acquisition threshold and that are i Set aside for small business concerns under multiple-award contracts, as described in 8.4055 and 16.505b2iF; or ii Issued directly to small business concerns under multiple-award contracts as described in 19.504c1ii;
5 Orders, regardless of dollar value, that are i Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multipleaward contracts, as described in 8.4055 and 16.505b2iF; or ii Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504c1ii; and 6 Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
d Independent contractors. An independent contractor shall be considered a subcontractor.
e Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System NAICS code for 1 Services except construction, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 50
percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
2 Supplies other than procurement from a nonmanufacturer of such supplies, it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly
PO 00000

Frm 00019

Fmt 4701

Sfmt 4700

44245

situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 50
percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
3 General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 85 percent subcontract amount that cannot be exceeded;
or 4 Construction by special trade contractors, it will not pay more than 75
percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 75 percent subcontract amount that cannot be exceeded.
f The Contractor shall comply with the limitations on subcontracting as follows:
1 For contracts, in accordance with paragraphs c1, 2, 3 and 6 of this clause Contracting Officer check as appropriate.
llBy the end of the base term of the contract and then by the end of each subsequent option period; or llBy the end of the performance period for each order issued under the contract.
2 For orders, in accordance with paragraphs c4 and 5 of this clause, by the end of the performance period for the order.
g A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph e of this clause will be performed by the aggregate of the joint venture participants.

End of clause 20. Amend section 52.21927 by a. Revising the date of the clause;
b. Removing paragraphs d and e;
c. Redesignating paragraph f as paragraph d; and d. Revising newly redesignated paragraph d.
The revisions read as follows:

52.21927 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

Notice of Service-Disabled VeteranOwned Small Business Set-Aside SEP
2021

d A joint venture may be considered a service-disabled veteran owned small business concern if 1 At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations:
i That it is a service-disabled veteranowned small business concern, and
E:FRFM11AUR2.SGM

11AUR2