[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