[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Proposed Rules]
[Page 74749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30927]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / 
Proposed Rules  

[[Page 74749]]



SMALL BUSINESS ADMINISTRATION

13 CFR Parts 121 and 125

RIN 3245-AG22


Small Business Subcontracting

AGENCY: U.S. Small Business Administration.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: SBA is reopening the comment period for the proposed rule 
published in the Federal Register on October 5, 2011 at 76 FR 61626. In 
that rule SBA proposed to amend its regulations to implement provisions 
of the Small Business Jobs Act of 2010 (Jobs Act) pertaining to small 
business subcontracting. SBA proposed to amend its program regulations 
to provide for a ``covered contract'' (a contract for which a small 
business subcontracting plan is required, currently valued above $1.5 
million for construction and $650,000 for all other contracts), a prime 
contractor must notify the contracting officer in writing whenever the 
prime contractor does not utilize a subcontractor used in preparing its 
bid or proposal during contract performance. SBA also proposed to amend 
its regulations to require a prime contractor to notify a contracting 
officer in writing whenever the prime contractor reduces payments to a 
subcontractor or when payments to a subcontractor are 90 days or more 
past due. In addition, SBA proposed to clarify that the contracting 
officer is responsible for monitoring and evaluating small business 
subcontracting plan performance. SBA also proposed to clarify which 
subcontracts must be included in subcontracting data reporting, which 
subcontracts should be excluded, and the way subcontracting data is 
reported.
    SBA also proposed to make other changes to update its 
subcontracting regulations, including changing subcontracting plan 
thresholds and referencing the electronic subcontracting reporting 
system (eSRS). Some of the SBA's proposed changes would require the 
contracting officer to review subcontracting plan reports within 60 
days of the report ending date.
    Finally, SBA also proposed to address how subcontracting plan 
requirements and credit towards subcontracting goals can be implemented 
in connection with Multi-agency, Federal Supply Schedule, Multiple 
Award Schedule and Government-wide Acquisition indefinite delivery, 
indefinite quantity, (IDIQ) contracts.
    SBA is reopening the comment period in response to the significant 
level of interest generated by the proposed rule among small 
businesses. Given the scope of the proposed rule and the nature of the 
issues raised by the comments received to date, SBA believes that 
affected businesses need more time to review the proposal and prepare 
their comments.

DATES: The comment period for the proposed rule published on October 5, 
2011 (76 FR 61626) is extended through January 6, 2012.

ADDRESSES: You may submit comments, identified by RIN: 3245-AG22, by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail, for paper, disk, or CD/ROM submissions: Dean Koppel, 
U.S. Small Business Administration, Office of Government Contracting, 
409 Third Street SW., 8th Floor, Washington, DC 20416.
     Hand Delivery/Courier: Dean Koppel, U.S. Small Business 
Administration, Office of Government Contracting, 409 Third Street SW., 
8th Floor Washington, DC 20416.
    SBA will post all comments on www.regulations.gov. If you wish to 
submit confidential business information (CBI) as defined in the User 
Notice at http://www.regulations.gov, please submit the information to 
Dean Koppel, U.S. Small Business Administration, Office of Government 
Contracting, 409 Third Street SW., 8th Floor, Washington, DC 20416, or 
send an email to [email protected]. Highlight the information that 
you consider to be CBI and explain why you believe SBA should hold this 
information as confidential. SBA will review the information and make 
the final determination on whether it will publish the information or 
not.

FOR FURTHER INFORMATION CONTACT: Dean Koppel, Office of Government 
Contracting, 409 Third Street SW., Washington, DC 20416; (202) 205-
9751; [email protected].

    Dated: November 14, 2011.
Joseph G. Jordan,
Associate Administrator, Government Contracting and Business 
Development.
[FR Doc. 2011-30927 Filed 11-30-11; 8:45 am]
BILLING CODE 8025-01-P