[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Rules and Regulations]
[Pages 15477-15478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6978]



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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121


Small Business Size Regulations; Handicapped Workshop 
Participation in Small Business Set-Aside Contracts

AGENCY: Small Business Administration.

ACTION: Final rule.

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SUMMARY: The Small Business Administration (SBA) hereby amends its size 
regulations to include public or private organizations for the 
handicapped as eligible concerns to participate in small business set-
aside contracts during fiscal year 1995, in an aggregate amount not to 
exceed $40,000,000. Section 305 of the Small Business Administration 
Reauthorization and Amendments Act of 1994 expanded the eligibility of 
entities which may participate in small business set-aside contracts to 
include public or private organizations for the handicapped during 
fiscal year 1995. Handicapped organizations had been eligible for set-
aside contracts during fiscal years 1989 through 1993.

EFFECTIVE DATE: This rule is effective on March 24, 1995.

FOR FURTHER INFORMATION CONTACT: Gary M. Jackson, Assistant 
Administrator for Size Standards, (202) 205-6840.

    121.601. The Small Business Administration Reauthorization and 
Amendments Act of 1994 amended Section 15(c) of the Act, 15 U.S.C. 
644(c), by expanding the eligibility of entities which may participate 
in small business set-aside contracts to include public or private 
organizations for the handicapped during fiscal year 1995. See Public 
Law 103-403, Section 305. However, this statutory revision limits the 
extent of participation by public or private handicapped organizations 
in small business set-aside awards to an aggregate amount not to exceed 
$40,000,000. The Act further provides that Federal agencies making 
awards to such organizations pursuant to provisions of this Act may use 
multi-year contracts, if appropriate.
    This statutory provision reinstates the eligibility of public or 
private handicapped organizations previously authorized by Public Law 
100-590 for fiscal years 1989 through 1993. Sections 121.2001 through 
121.2005 of the Small Business Size Regulations prescribe regulations 
governing the participation of public or private handicapped 
organization on small business set-aside contracts. The regulations 
include the definition of terms, procedures for protesting the status 
of an offeror asserting eligibility as a handicapped organization, and 
procedures for filing appeals of an award to a handicapped organization 
on the basis of severe [[Page 15478]] economic injury to a small 
business concern as a result of a proposed award. Although these 
regulations were originally established for awards made during fiscal 
years 1989-93, they have remained in effect and will generally apply to 
awards made in fiscal year 1995.
    However, Sections 121.2004 and 121.2005 are now being revised to 
incorporate the current title and address of the SBA official 
responsible for deciding protests concerning the eligibility of a 
handicapped organization and appeal of awards based on severe economic 
impact on small business. An internal reorganization of the SBA 
included the renaming of the ``Office of Procurement Assistance'' to 
the ``Office of Government Contracting.'' The responsibilities of the 
Office of Government Contracting, however, include those of the former 
Office of Procurement.
    The SBA is publishing this regulation as a final rule without 
notice and opportunity for public comment since the SBA is merely 
adopting the statutory language into its regulations to recognize the 
eligibility granted to public or private handicapped organizations to 
participate in small business set-aside contracts during fiscal year 
1995. In addition, the change to the title of the Agency official 
responsible for deciding protests and appeals concerning small business 
set-aside awards to handicapped organizations is a matter of Agency 
management and personnel and is, therefore, published without notice 
and comment pursuant to 5 U.S.C. 553(a)(2).
Compliance With Executive Orders 12612, 12788 and 12866, the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), and the Paperwork Reduction Act 
(44 U.S.C. Chapter 3501 et seq.)

    The SBA certifies that this rule is not a significant rule within 
the meaning of Executive Order 12866 and will not have a significant 
economic impact on a substantial number of entities within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. This rule does 
not impose costs upon the businesses which might be affected by it. 
Because the rule will have no effect on the amount or dollar value of 
any contract requirement or the number of requirements reserved for the 
small business set-aside program, it will not have an annual economic 
effect of $100 million or more, result in a major increase in costs or 
prices, or have a significant adverse effect on competition or the 
United States economy.
    For the purpose of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, 
SBA certifies that this rule contains no new reporting or recordkeeping 
requirements. For purposes of Executive Order 12612, SBA certifies that 
this rule does not have any federalism implications warranting the 
preparation of a Federalism Assessment. For purposes of Executive Order 
12778, the SBA certifies that this rule is drafted, to the extent 
practicable, in accordance with the standards set forth in section 2 of 
this order.
    For the reasons set forth above, Title 13, Code of Federal 
Regulations (CFR), is amended as set forth below.

List of Subjects in 13 CFR Part 121

    Government procurement, Government property, Grant programs--
business, Loan programs--business, Small business.

PART 121--[AMENDED]

    1. The authority citation for 13 CFR Part 121 continues to read as 
follows:

    Authority: 15 U.S.C. 632(a), 634(b)(6), 637(a), and 644(c); and 
Pub. L. 102-486, 106 Stat. 2776, 3133.

    2. Section 121.2001 is revised to read as follows:


Sec. 121.2001  Statutory basis.

    (a) The Small Business Act, as amended by Public Law 103-403, 
provides that public or private organizations for the handicapped shall 
be eligible to participate in small business set-aside contracts for 
fiscal year 1995 in an aggregate amount not to exceed $40,000,000. See 
15 U.S.C. 644(c)(2)(A).
    (b) Agencies awarding one or more contracts to such a handicapped 
organization may use multi-year contracts, if appropriate. See 15 
U.S.C. 644(c)(7).
    (c) Awards to public or private organizations for the handicapped 
may be appealed to SBA when a small business experiences or is likely 
to experience severe economic injury as a result of the proposed award 
to an organization for the handicapped. Any eligible concern wishing to 
appeal must file its appeal with the SBA within 10 days after the 
announcement of the proposed award to which the appeal relates. The SBA 
is afforded 30 days from the date the appeal is filed to consult with 
the Executive Director of the Committee for Purchase from the Blind and 
Other Severely Handicapped.
    3. Section 121.2004 is amended by revising paragraphs (c)(1) and 
(c)(5) to read as follows:


Sec. 121.2004  Protest of eligibility.

* * * * *
    (c) Procedure for protest. (1) Protests shall be submitted to the 
contracting officer who shall promptly forward them to the Associate 
Administrator for Government Contracting, Small Business 
Administration, 409 Third Street SW., Washington, DC 20416. The 
Associate Administrator shall be the deciding official for purposes of 
protests under this section.
* * * * *
    (5) The Associate Administrator for Government Contracting shall 
consult with the Executive Director of the Committee for Purchases from 
the Blind and Other Severely Handicapped before rendering a 
determination.
* * * * *
    4. Section 121.2005 is amended by revising paragraph (c)(1) to read 
as follows:


Sec. 121.2005  Appeal of economic impact.

* * * * *
    (c) Procedure for appeal. (1) Appeals shall be submitted to the 
contracting officer who shall promptly forward them to the Associate 
Administrator for Government Contracting, Small Business 
Administration, 409 Third Street SW., Washington, DC 20416. The 
Associate Administrator shall be the deciding official for purposes of 
appeals under this section.
* * * * *
    Dated: February 15, 1995.
Philip Lader,
Administrator.
[FR Doc. 95-6978 Filed 3-23-95; 8:45 am]
BILLING CODE 8025-01-M