[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10732-10733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03007]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 125

RIN 3245-AG85


Ownership and Control of Service-Disabled Veteran-Owned Small 
Business Concerns; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Correcting amendment.

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SUMMARY: The U.S. Small Business Administration (SBA) is correcting 
regulations that published in the Federal Register on September 28, 
2018. The rule issued one definition of ownership and control for the 
Department of Veterans Affairs verification of Veteran-Owned (VO) and 
Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) 
with the SBA. This document is making one technical correction to the 
regulations.

DATES: Effective February 23, 2021.

FOR FURTHER INFORMATION CONTACT: Ed Bender, U.S. Small Business 
Administration, Office of General Counsel, 409 Third Street SW, 
Washington, DC 20416; (202) 205-6455; <a href="/cdn-cgi/l/email-protection#395c5d544c575d175b5c575d5c4b794a5b58175e564f"><span class="__cf_email__" data-cfemail="0e6b6a637b606a206c6b606a6b7c4e7d6c6f20696178">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In response to the provisions of the 
National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017), 
SBA issued regulations relating to ownership and control for the 
Department of Veterans Affairs verification of Veteran-Owned (VO) and 
Service-Disabled Veteran-Owned (SDVO) Small Business Concerns (SBCs) 
with the SBA. 83 FR 48908. Pursuant to NDAA 2017, SBA issued one 
definition of ownership and control for these concerns, which applies 
to the Department of Veterans Affairs in its verification and Vets 
First Contracting Program procurements, and

[[Page 10733]]

all other government acquisitions which require self-certification. The 
legislation also provided that in certain circumstances a firm can 
qualify as VO or SDVO when there is a surviving spouse or an employee 
stock ownership plan (ESOP).
    In response to the NDAA 2017 changes, SBA amended the definitions 
in Sec.  125.11 by incorporating language from VA's regulations and 
also from SBA's 8(a) Business Development (BD) program regulations. 13 
CFR part 124, subpart A. In making these amendments, SBA inadvertently 
removed the definition of ``interested party.'' This rule adds back the 
definition.

List of Subjects in 13 CFR Part 125

    Government contracts, Government procurement, Reporting and 
recordkeeping requirements, Small businesses, Technical assistance.

    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, 657f, 
657q, 657r, and 657s; 38 U.S.C. 501 and 8127.


0
2. Amend Sec.  125.11 by adding in alphabetical order the definition of 
``Interested Party'' to read as follows:


Sec.  125.11  What definitions are important in the Service-Disabled 
Veteran-Owned (SDVO) Small Business Concern (SBC) Program?

* * * * *
    Interested Party means the contracting activity's contracting 
officer, SBA, any concern that submits an offer for a specific sole 
source or set-aside SDVO contract or order (including Multiple Award 
Contracts), or any concern that submitted an offer in full and open 
competition and its opportunity for award will be affected by a reserve 
of an award given to a SDVO SBC.
* * * * *

John W. Klein,
Acting Associate Administrator, Government Contracting and Business 
Development.
[FR Doc. 2021-03007 Filed 2-22-21; 8:45 am]
BILLING CODE 8026-03-P


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