[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Rules and Regulations]
[Page 3040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja07-3]
[[Page 3040]]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN: 3245-AE66
Small Business Size Regulation; Government Contracting Programs;
HUBZone Program; Correction
AGENCY: U.S. Small Business Administration.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final regulations
which were published in the Federal Register of May 24, 2004. The
regulations amended several definitions and made procedural and
technical amendments to cover the U.S. Small Business Administration's
(SBA) HUBZone, size and government contracting programs. This rule also
inadvertently included two provisions that except for one word are
substantively similar. SBA is removing one of these two provisions to
eliminate the confusion.
DATES: Effective January 24, 2007.
FOR FURTHER INFORMATION CONTACT: Dean Koppel, Assistant Administrator,
Office of Policy, Planning and Liaison, (202) 205-7322, or
dean.koppel@sba.gov.
SUPPLEMENTARY INFORMATION: On May 5, 2004, the SBA published an interim
final rule that created the Service Disabled Veteran Owned (SDVO) Small
Business program, 69 FR 25262. In that rule, the SBA added paragraph
(b) to Sec. 125.6, to address subcontracting limitations for SDVO
small businesses. As a result of this new paragraph (b), the SBA
redesignated then-current paragraphs (b), (c), (d), (e), (f), and (g)
as paragraphs (c), (d), (e), (f), (g), and (h), respectively.
On May 21, 2004, the SBA published a final rule amending its size
regulations, as well as the regulations addressing SBA's government
contracting programs (69 FR 29192). In its final rule, the SBA amended
Sec. 125.6(g) to state that:
Where an offeror is exempt from affiliation under Sec.
121.103(h)(3) of this chapter and qualifies as a small business
concern, the performance of work requirements set forth in this
section apply to the cooperative effort of the joint venture, not
its individual members.
69 FR 29208. The rule removed the term ``team'' from Sec. 125.6(g).
However, as a result of the SDVO interim final rule, former paragraph
(g)--addressing the use of cooperative efforts to meet the
subcontracting limitations--became paragraph (h). Thus, the final rule
published on May 21, 2004 should have amended paragraph (h) and not
paragraph (g). Consequently, as of May 21, 2004, both paragraphs (g)
and (h) addressed using cooperative efforts to meet the subcontracting
limitations requirements.
A few days later, on May 24, 2004, the SBA published amendments to
its size and HUBZone regulations. 69 FR 29411. In the final rule, the
SBA redesignated paragraphs (c), (d), (e), (f), (g), and (h) of Sec.
125.6 as paragraphs (e), (f), (g), (h), (i), and (j) (because the SBA
had added two new paragraphs--(c) and (d)--to address changes to the
HUBZone program's subcontracting limitations on construction
contracts). Id. at 29420. Paragraphs (g) and (h) became paragraphs (i)
and (j). Therefore, except for the term ``team,'' both paragraphs are
now essentially identical. The regulations now state:
(i) Where an offeror is exempt from affiliation under Sec.
121.103(h)(3) of this chapter and qualifies as a small business
concern, the performance of work requirements set forth in this
section apply to the cooperative effort of the joint venture, not
its individual members.
(j) Where an offeror is exempt from affiliation under Sec.
121.103(f)(3) of this chapter and qualifies as a small business
concern, the performance of work requirements set forth in this
section apply to the cooperative effort of the team or joint
venture, not its individual members.
13 CFR 125.6. The last regulation that the SBA had promulgated
concerning cooperative efforts and the subcontracting limitations
requirement and the regulation that correctly reflects the amendment
SBA intended is set forth at Sec. 125.6(i). Therefore, to correct this
error and to eliminate the confusion caused by the two similar, but
apparently contradictory provisions, the SBA is removing current
paragraph (j).
List of Subjects in 13 CFR Part 125
Administrative practice and procedure, Government procurement,
Small businesses.
0
Accordingly, 13 CFR part 125 is corrected by making the following
correcting amendment:
PART 125--GOVERNMENT CONTRACTING PROGRAMS
0
1. The authority citation for part 125 continues to read as follows:
Authority: 15 U.S.C. 632(p), (q), 634(b)(6), 637, 644, and
657(f).
0
2. Amend Sec. 125.6 by removing paragraph (j).
Steven C. Preston,
Administrator.
[FR Doc. E7-966 Filed 1-23-07; 8:45 am]
BILLING CODE 8025-01-P