[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Rules and Regulations]
[Pages 57541-57542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23482]


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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 124 and 134


8(a) Business Development/Small Disadvantaged Business Status 
Determinations; Rules of Procedure Governing Cases Before the Office of 
Hearings and Appeals

AGENCY: Small Business Administration.

ACTION: Direct final rule.

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SUMMARY: Due to a reorganization within the Office of General Counsel 
at the Small Business Administration (SBA), a new Office of Procurement 
Law was created to handle all procurement-related legal issues at SBA. 
Among other things, this new office will represent the Agency in all 
administrative litigation involving size and SIC code appeals, 
eligibility appeals relating to the 8(a) Business Development (BD) and 
Small Disadvantaged Business (SDB) programs, suspensions of firms in 
the 8(a) BD program, and appeals of denials of requests for waivers of 
contract performance requirements in the 8(a) BD program. This rule 
changes the point of contact identified in SBA's regulations for these 
types of administrative appeals from the Associate General Counsel for 
General Law to the Associate General Counsel for Procurement Law.

DATES: This rule is effective on October 25, 2000. Comments must be 
submitted by October 10, 2000. If adverse comment is received, SBA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Written comments should be addressed to John W. Klein, 
Acting Associate General Counsel for Procurement Law, Small Business 
Administration, 409 Third Street, SW., Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Genemarie M. Pade (202) 205-6639.

SUPPLEMENTARY INFORMATION: The Small Business Administration (SBA) 
recently reorganized its Office of General Counsel. As a result of this 
reorganization, a new Office of Procurement Law was created to handle 
all procurement-related legal issues at SBA. Previously, procurement 
law issues at SBA were handled by the Office of General Law within the 
Office of General Counsel. The Office of General Law represented the 
Agency in administrative litigation involving: (1) Denials of Small 
Disadvantaged Business (SDB) certification; (2) denials of 8(a) 
Business Development (BD) program participation; (3) SIC code and size 
determinations; (4) suspensions of 8(a) BD program assistance; and (5) 
denials of requests for waivers of contract performance requirements in 
the 8(a) BD program. After the reorganization, the Office of General 
Law continues to exist, but will no longer handle procurement law 
issues. The Office of Procurement Law will now represent the Agency in 
all procurement-related appeals to SBA's Office of Hearings and 
Appeals. Because of this internal change at SBA, SBA's regulations need 
to be changed to identify the Associate General Counsel for Procurement 
Law as the individual upon whom copies of appeals need to be served. 
Thus, for the five types of appeals to SBA's Office of Hearings and 
Appeals identified above, this rule changes the point of contact 
identified in SBA's regulations for these types of administrative 
appeals from the Associate General Counsel for General Law to the 
Associate General Counsel for Procurement Law.

[[Page 57542]]

Compliance With Executive Orders 13132, 12988 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.)

    This rule is not a ``significant'' regulatory action under 
Executive Order 12866.
    SBA has determined that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. The rule 
is procedural and merely changes the title of the individual to whom 
interested parties must serve certain administrative litigation 
pleadings.
    For the purpose of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, 
SBA certifies that this rule would not impose new reporting or record 
keeping requirements.
    For purposes of Executive Order 13132, SBA certifies that this rule 
does not have any federalism implications warranting the preparation of 
a Federalism Assessment.
    For purposes of Executive Order 12988, SBA certifies that this rule 
is drafted, to the extent practicable, in accordance with the standards 
set forth in section 3 of this order.

List of Subjects

13 CFR Part 124

    Government procurement, Hawaiian Natives, Minority businesses, 
Reporting and record keeping requirements; Technical Assistance, 
Tribally-owned concerns.

13 CFR Part 134

    Administrative practice and procedure, Organization and functions 
(Government agencies).

    Accordingly, for the reasons set forth above, SBA amends Title 13, 
Code of Federal Regulations (CFR), as follows:

PART 124--[AMENDED]

    1. The authority citation for 13 CFR part 124 continues to read as 
follows:

    Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d) and Pub. 
L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 101-
574, and 42 U.S.C. 9815.


    2. Section 124.1008 is amended by revising paragraph (f)(4)(i) to 
read as follows:


Sec. 124.1008  How does a firm become certified as an SDB?

* * * * *
    (f) * * *
    (4) * * *
    (i) The firm must serve SBA's Associate General Counsel for 
Procurement Law with a copy of the appeal.
* * * * *

    3. Section 124.1009 is amended by revising the introductory 
paragraph to read as follows:


Sec. 124.1009  How does a firm appeal a decision of a Private 
Certifier?

    Where a Private Certifier performs an ownership and control 
determination and finds that a firm is not owned and controlled by the 
individual(s) claiming disadvantaged status, the firm may appeal that 
decision to OHA pursuant to part 134 of this title. The firm must serve 
SBA's Associate General Counsel for Procurement Law and the applicable 
Private Certifier with a copy of the appeal.
* * * * *

PART 134--[AMENDED]

    4. The authority citation for 13 CFR part 134 continues to read as 
follows:

    Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), and 637(a).


    5. Section 134.305 is amended by revising paragraph (b)(5) to read 
as follows:


Sec. 134.305  The appeal petition.

* * * * *
    (b) * * *
    (5) SBA's Office of Procurement Law.

    6. Section 134.403 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 134.403  Service of appeal petition.

* * * * *
    (a) * * *
    (1) For appeals relating to denials of program admission pursuant 
to Sec. 124.206 of this title, suspensions of program assistance 
pursuant to Sec. 124.305, or denials of requests for waivers pursuant 
to Sec. 124.515, a petitioner must serve the SBA's Associate General 
Counsel for Procurement Law.
* * * * *

    Dated: August 23, 2000.
Fred P. Hochberg,
Acting Administrator.
[FR Doc. 00-23482 Filed 9-22-00; 8:45 am]
BILLING CODE 8025-01-U