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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
ii That it is a small business concern under the North American Industry Classification Systems NAICS code assigned to the procurement;
2 Each other concern is small under the size standard corresponding to the NAICS
code assigned to the procurement;
3 The joint venture meets the requirements of 13 CFR 121.103h; and 4 The joint venture meets the requirements of 13 CFR 125.15b.

21. Amend section 52.21928 by revising the date of the clause and paragraph e to read as follows:

Post-Award Small Business Program Rerepresentation SEP 2021

e The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition 1 Was set aside for small business and has a value above the simplified acquisition threshold;
2 Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or 3 Was an 8a, HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

22. Amend section 52.21929 by a. Revising the section heading, clause heading, and date of the clause;
b. In paragraph a removing from the definition Economically disadvantaged women-owned small business EDWOSB concern meansA small and adding means a small in its place;
c. In paragraph b1 removing sole source and adding sole-source in its place;
d. Removing paragraphs d and e;
e. Redesignating paragraph f as paragraph d;
f. In newly redesignated paragraph d i. In paragraph 1 removing NAICS
and adding North American Industry Classification System in its place;
ii. In paragraph 3v removing venture. and adding venture; and in its place;
iii. Removing paragraph 4;
iv. Redesignating paragraph 5 as 4;
and v. In newly redesignated paragraph 4
removing procuring activity and adding Contracting Officer in its place.
The revision reads as follows:

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Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns SEP 2021

23. Amend section 52.21930 by a. Revising the section heading, clause heading, date of the clause, and the introductory text of paragraph a;
b. In paragraph b1 removing sole source and adding sole-source in its place;
c. In the second sentence of paragraph c1 removing WOSB program and adding WOSB Program in its place;
d. Removing paragraphs d and e;
e. Redesignating paragraph f as paragraph d;
f. In newly redesignated paragraph d:
i. In paragraph 1 removing NAICS
and adding North American Industry Classification System in its place;
ii. In paragraph d3v removing venture. and adding venture; and in its place;
iii. Removing paragraph 4;
iv. Redesignating paragraph 5 as 4;
and v. In newly redesignated paragraph 4
removing procuring activity and adding Contracting Officer in its place.
The revisions read as follows:

52.21928 Post-Award Small Business Program Rerepresentation.

52.21929 Notice of Set-Aside for, or SoleSource Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

52.21930 Notice of Set-Aside for, or SoleSource Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program SEP 2021
a Definitions. As used in this clause

24. Revise section 52.21933 to read as follows:

52.21933

Nonmanufacturer Rule.

As prescribed in 19.507h, insert the following clause:
Nonmanufacturer Rule SEP 2021
a Definitions. As used in this clause Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item.
Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance
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will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.
Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.
b Applicability.
1 This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.
2 This clause applies to i Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000a3;
ii Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
iii Orders expected to exceed the simplified acquisition threshold and that are A Set aside for small business under multiple-award contracts, as described in 8.4055 and 16.505b2iF; or B Issued directly to a small business concern under multiple-award contracts as described in 19.504c1ii;
iv Orders, regardless of dollar value, that are A Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multipleaward contracts as described in 8.4055 and 16.505b2iF; or B Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504c1ii; and v Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.
c Requirements.
1 The Contractor shall i Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph c2 of this clause instead;
ii Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and iii Take ownership or possession of the items with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
2 When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

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FR Doc. 202116364 Filed 81021; 8:45 am BILLING CODE 6820EPP

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