[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31848-31849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12609]


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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 125 and 127

RIN 3245-AG20


Acquisition Process: Task and Delivery Order Contracts, Bundling, 
Consolidation; Correction

AGENCY: Small Business Administration.

ACTION: Correcting amendments.

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SUMMARY: The U.S. Small Business Administration (SBA) published a final 
rule in the Federal Register on October 2, 2013, which amended its 
regulations governing small business prime contracting by implementing 
provisions of the Small Business Jobs Act of 2010. That rule was 
published with inadvertent errors in two of the regulatory sections.
    Those errors are corrected in this document.

DATES: Effective June 3, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Koppel, Office of Government 
Contracting, U.S. Small Business Administration, 409 Third Street SW., 
8th Floor, Washington, DC 20416; (202) 205-7322.

SUPPLEMENTARY INFORMATION: On October 2, 2013, SBA published a final 
rule to implement provisions of the Small Business Jobs Act of 2010 
pertaining to small business contracting procedures. 78 FR 61114. As 
discussed in detail below, the rule contained inadvertent errors in the 
instructions for sections 125.6 and 127.503, which affected the final 
regulatory text for those sections.
    In Sec.  125.6, SBA intended to amend paragraph (a) by revising the 
introductory text only. However, the final rule contained an 
instruction to revise paragraph (a). As a result, the final rule 
inadvertently removed paragraphs (a)(1) through (a)(4). SBA is 
correcting Sec.  125.6 by reinserting these paragraphs.
    In Sec.  127.503, SBA intended to remove paragraphs (a)(2) and 
(b)(2) and redesignate paragraphs (a)(3) and (b)(3) as paragraphs 
(a)(2) and (b)(2), respectively. However, the rule mistakenly 
instructed to revise paragraphs (a)(1), (a)(2), (b)(1), and (b)(2). As 
a result of this erroneous instruction, paragraphs (a)(3) and (b)(3) 
were not redesignated and are currently

[[Page 31849]]

duplicates of paragraphs (a)(2) and (b)(2). SBA is correcting this 
duplication in Sec.  127.503 by removing paragraphs (a)(3) and (b)(3).

List of Subjects

13 CFR Part 125

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

13 CFR Part 127

    Government procurement, Reporting and recordkeeping requirements, 
Small businesses.

    Accordingly, 13 CFR Parts 125 and 127 are corrected by making the 
following correcting amendments:

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, 657(f); 
and 657(q).


0
2. Amend Sec.  125.6 by adding paragraphs (a)(1) through (a)(4) to read 
as follows:


Sec.  125.6  What are the prime contractor performance requirements 
(limitations on subcontracting)?

    (a) * * *
    (1) In the case of a contract for services (except construction), 
the concern will perform at least 50 percent of the cost of the 
contract incurred for personnel with its own employees.
    (2) In the case of a contract for supplies or products (other than 
procurement from a non-manufacturer in such supplies or products), the 
concern will perform at least 50 percent of the cost of manufacturing 
the supplies or products (not including the costs of materials).
    (3) In the case of a contract for general construction, the concern 
will perform at least 15 percent of the cost of the contract with its 
own employees (not including the costs of materials).
    (4) In the case of a contract for construction by special trade 
contractors, the concern will perform at least 25 percent of the cost 
of the contract with its own employees (not including the cost of 
materials).
* * * * *

PART 127--WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE 
PROGRAM

0
3. The authority for part 127 continues to read as follows:

    Authority:  15 U.S.C. 632, 634(b)(6), 637(m), and 644.


Sec.  127.503  [Amended]

0
4. In Sec.  127.503, remove paragraphs (a)(3) and (b)(3).

Calvin Jenkins,
Deputy Associate Administrator for Government Contracting and Business 
Development.
[FR Doc. 2014-12609 Filed 6-2-14; 8:45 am]
BILLING CODE 8025-01-M