[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 72916-72917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25177]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

RIN 3245-AG94


Consolidation of Mentor-Prot[eacute]g[eacute] Programs and Other 
Government Contracting Amendments; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Final rule; correction.

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SUMMARY: The U.S. Small Business Administration (SBA) is correcting a 
final rule that appeared in the Federal Register on October 16, 2020. 
This rule merged the 8(a) Business Development (BD) Mentor-
Prot[eacute]g[eacute] Program and the All Small Mentor-
Prot[eacute]g[eacute] Program to eliminate confusion and remove 
unnecessary duplication of functions within SBA. This rule also 
eliminated the requirement that 8(a) Participants seeking to be awarded 
an 8(a) contract as a joint venture submit the joint venture agreement 
to SBA for review and approval prior to contract award, revised several 
8(a) BD program regulations to reduce unnecessary or excessive burdens 
on 8(a) Participants, and clarified other related regulatory provisions 
to eliminate confusion among small businesses and procuring activities. 
In addition, in response to public comment, the rule required a 
business concern to recertify its size and/or socioeconomic status for 
all set-aside orders under unrestricted multiple award contracts, 
unless the contract authorized limited pools of concerns for which size 
and/or status was required. This document is making three technical 
corrections to the final rule.

DATES: Effective November 16, 2020.

FOR FURTHER INFORMATION CONTACT: Mark Hagedorn, U.S. Small Business 
Administration, Office of General Counsel, 409 Third Street SW, 
Washington, DC 20416; (202) 205-7625; [email protected].

SUPPLEMENTARY INFORMATION: In FR Doc. 2020-19428, appearing on page 
66146 in the Federal Register of Friday, October 16, 2020, the 
following corrections are made:

[[Page 72917]]

Sec.  121.103 [Corrected]

     1. On page 66180, in the third column, in Sec.  121.103, in 
paragraph (h)(1)(ii), ``Except for sole source 8(a) awards, the joint 
venture must meet the requirements of Sec.  124.513(c) and (d), Sec.  
125.8(b) and (c), Sec.  125.18(b)(2) and (3), Sec.  126.616(c) and (d), 
or Sec.  127.506(c) and (d) of this chapter, as appropriate, at the 
time it submits its initial offer including price. For a sole source 
8(a) award, the joint venture must demonstrate that it meets the 
requirements of Sec.  124.513(c) and (d) prior to the award of the 
contract.'' is corrected to read, ``Except for sole source 8(a) awards, 
the joint venture must meet the requirements of Sec.  124.513(c) and 
(d), Sec.  125.8(b) and (c), Sec.  125.18(b)(2) and (3), Sec.  
126.616(c) and (d), or Sec.  127.506(c) and (d) of this chapter, as 
appropriate, as of the date of the final proposal revision for 
negotiated acquisitions and final bid for sealed bidding. For a sole 
source 8(a) award, the joint venture must demonstrate that it meets the 
requirements of Sec.  124.513(c) and (d) prior to the award of the 
contract.''

Sec.  121.404 [Corrected]

     2. On page 66180, in the third column, in Sec.  121.404, in 
amendment 4, instruction (a) ``i. Revising paragraphs (a) introductory 
text and (a)(1); and ii. Adding a paragraph heading to paragraph 
(a)(2);'' is corrected to read, ``i. Adding a paragraph heading to 
paragraphs (a) and (a)(2); and ii. Revising paragraph (a)(1);''.
     3. On page 66180, in the third column, in Sec.  121.404, in 
paragraph (a), ``Time of size--'' is corrected to read ``Time of size * 
* *''.
     4. On page 66181, in the third column, in Sec.  121.404, in 
paragraph (d), ``Nonmanufacturer rule, ostensible subcontractor rule, 
and joint venture agreements. Size status is determined as of the date 
of the final proposal revision for negotiated acquisitions and final 
bid for sealed bidding for the following purposes: compliance with the 
nonmanufacturer rule set forth in Sec.  121.406(b)(1), the ostensible 
subcontractor rule set forth in Sec.  121.103(h)(4), and the joint 
venture agreement requirements in Sec.  124.513(c) and (d), Sec.  
125.8(b) and (c), Sec.  125.18(b)(2) and (3), Sec.  126.616(c) and (d), 
or Sec.  127.506(c) and (d) of this chapter, as appropriate.'' is 
corrected to read, ``Nonmanufacturer rule, ostensible subcontractor 
rule, and joint venture agreements. Compliance with the nonmanufacturer 
rule set forth in Sec.  121.406(b)(1), the ostensible subcontractor 
rule set forth in Sec.  121.103(h)(4), and the joint venture agreement 
requirements in Sec.  124.513(c) and (d), Sec.  125.8(b) and (c), Sec.  
125.18(b)(2) and (3), Sec.  126.616(c) and (d), or Sec.  127.506(c) and 
(d) of this chapter, as appropriate, is determined as of the date of 
the final proposal revision for negotiated acquisitions and final bid 
for sealed bidding for the following purposes.''

Francis C. Spampinato,
Associate Administrator, Government Contracting and Business 
Development.
[FR Doc. 2020-25177 Filed 11-13-20; 8:45 am]
BILLING CODE 8026-03-P