Federal Register/Vol. 84, No. 217/Friday, November 8, 2019

60846 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Proposed Rules SMALL BUSINESS ADMINISTRATION • Federal eRulemaking Portal: http:// proposed rulemaking process, SBA also www.regulations.gov. Follow the held tribal consultations pursuant to 13 CFR Parts 121, 124, 125, 126, 127, instructions for submitting comments. Executive Order 13175, Tribal and 134 • Mail, for Paper, Disk, or CD/ROM Consultations, in Anchorage, AK, RIN 3245–AG94 Submissions: Brenda Fernandez, U.S. Albuquerque, NM and Oklahoma City, Small Business Administration, Office OK to provide interested tribal Consolidation of Mentor Prote´ge´ of Policy, Planning and Liaison, 409 representatives with an opportunity to Programs and Other Government Third Street SW, 8th Floor, Washington, discuss their views on various 8(a) BD- Contracting Amendments DC 20416. related issues. SBA considers tribal • Hand Delivery/Courier: Brenda consultation meetings a valuable AGENCY: U.S. Small Business Fernandez, U.S. Small Business component of its deliberations and Administration. Administration, Office of Policy, believes that these tribal consultation ACTION: Proposed rule. Planning and Liaison, 409 Third Street meetings allowed for constructive SUMMARY: In response to President SW, 8th Floor, Washington, DC 20416. dialogue with the Tribal community, Trump’s government-wide regulatory SBA will post all comments on http:// Tribal Leaders, Tribal Elders, elected reform initiative, the Small Business www.regulations.gov. If you wish to members of Alaska Native Villages or Administration (SBA) initiated a review submit confidential business their appointed representatives, and of its regulations to determine which information (CBI) as defined in the User principals of tribally-owned and Alaska might be revised or eliminated. As a Notice at http://www.regulations.gov, Native Corporation (ANC) owned firms result, SBA is proposing to merge the please submit the information to Brenda participating in the 8(a) BD Program. 8(a) Business Development (BD) Fernandez, U.S. Small Business SBA has taken these discussions into Mentor-Prote´ge´ Program and the All Administration, Office of Policy, account in drafting this proposed rule. Small Mentor-Prote´ge´ Program to Planning and Liaison, 409 Third Street SBA seeks to combine the 8(a) BD eliminate confusion and remove SW, 8th Floor, Washington, DC 20416, Mentor-Prote´ge´ Program and the All unnecessary duplication of functions or send an email to brenda.fernandez@ Small Mentor-Prote´ge´ Program at this within SBA. This rule proposes to sba.gov. Highlight the information that time in order to eliminate confusion eliminate the requirement that 8(a) you consider to be CBI and explain why regarding perceived differences between Participants seeking to be awarded an you believe SBA should hold this the two Programs, remove unnecessary 8(a) contract as a joint venture submit information as confidential. SBA will duplication of functions within SBA, the joint venture to SBA for review and review the information and make the and establish one, unified staff to better approval prior to contract award, revise final determination of whether it will coordinate and process mentor-prote´ge´ several 8(a) BD program regulations to publish the information. applications. SBA originally established reduce unnecessary or excessive FOR FURTHER INFORMATION CONTACT: a mentor-prote´ge´ program for 8(a) burdens on 8(a) Participants, and clarify Brenda Fernandez, U.S. Small Business Participants a little more than twenty other related regulatory provisions to Administration, Office of Policy, years ago. 63 FR 35726, 35764 (June 30, eliminate confusion among small Planning and Liaison, 409 Third Street 1998). The purpose of that program was businesses and procuring activities. In SW, Washington, DC 20416; (202) 205– to encourage approved mentors to addition, except for orders and Blanket 7337; [email protected]. provide various forms of business Purchase Agreements issued under the SUPPLEMENTARY INFORMATION: assistance to eligible 8(a) Participants to General Services Administration’s aid in their development. On September Federal Supply Schedule Program, the I. Background Information 27, 2010, the Small Business Jobs Act of rule proposes to require a business On January 30, 2017, President Trump 2010 (Jobs Act), Public Law 111–240 concern to recertify its size and/or issued Executive Order 13771, was enacted. The Jobs Act was designed socioeconomic status for all set-aside ‘‘Reducing Regulation and Controlling to protect the interests of small orders under unrestricted multiple Regulatory Costs’’, which is designed to businesses and increase opportunities in award contracts (MACs) The rule also reduce unnecessary and burdensome the Federal marketplace. The Jobs Act proposes to require a business concern regulations and to control costs was drafted by Congress in recognition to recertify its socioeconomic status for associated with regulations. In response of the fact that mentor-prote´ge´ programs all set-aside orders where the required to the President’s directive to simplify serve an important business socioeconomic status for the order regulations, SBA initiated a review of its development function for small differs from that of the underlying set- regulations to determine which might be businesses and therefore included aside MAC contract (e.g., HUBZone set- revised or eliminated. Based on this language authorizing SBA to establish aside order against a small business set- analysis, SBA has identified provisions separate mentor-prote´ge´ programs for aside MAC). Finally, except for orders in many areas of its regulations that can the Service-Disabled Veteran-Owned or Blanket Purchase Agreements issued be simplified or eliminated. Firstly, this Small Business Concern (SDVO SBC) under any Federal Supply Schedule proposed rule would merge the 8(a) BD Program, the HUBZone Program, and contract, the rule also allows for size Mentor-Prote´ge´ Program and the All the Women-Owned Small Business and/or socioeconomic protests at the Small Mentor-Prote´ge´ Program. This (WOSB) Program, each of which was order-level for set-aside orders issued rule also proposes to eliminate the modeled on SBA’s existing mentor- against unrestricted MACs, or for set- requirement that 8(a) Participants prote´ge´ program available to 8(a) aside orders based on a different seeking to be awarded an 8(a) contract Participants. See section 1347(b)(3) of socioeconomic status from the as a joint venture must submit the joint the Jobs Act. Thereafter, on January 2, underlying set-aside MAC. venture to SBA for review and approval 2013, the National Defense DATES: Comments must be received on prior to contract award. This rule also Authorization Act for Fiscal Year 2013 or before January 17, 2020. proposes to make several changes to the (NDAA 2013), Public Law 112–239 was ADDRESSES: You may submit comments, 8(a) BD Program to eliminate or reduce enacted. Section 1641 of the NDAA identified by RIN 3245–AG94 by any of unnecessary or excessive burdens on 2013 authorized SBA to establish a the following methods: 8(a) Participants. As part of this mentor-prote´ge´ program for all small VerDate Sep<11>2014 18:28 Nov 07, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08NOP3.SGM 08NOP3 khammond on DSKJM1Z7X2PROD with PROPOSALS3 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Proposed Rules 60847 business concerns. This section further approved by SBA through the All Small Section 121.103(g) provided that a small business mentor- Mentor-Prote´ge´ Program and be eligible The proposed rule would amend the prote´ge´ program must be identical to the for 8(a) contracts as a joint venture with newly organized concern rule contained 8(a) BD Mentor-Prote´ge´ Program, except its mentor once certified. in § 121.103(g) by clarifying that that SBA could modify each program to Because the benefits and purposes of affiliation may be found where both the extent necessary, given the types of the two programs are identical, SBA former and ‘‘current’’ officers, directors, small business concerns to be included principal stockholders, managing ´ ´ believes that having two separate as proteges. members, or key employees of one Subsequently, SBA published a Final mentor-prote´ge´ programs is unnecessary concern organize a new concern in the Rule in the Federal Register combining and causes needless confusion in the same or related industry or field of the authorities contained in the Jobs Act small business community. As such, operation, and serve as the new and the NDAA 2013 to create a mentor- this proposed rule would eliminate a concern’s officers, directors, principal prote´ge´ program for all small separate 8(a) BD Mentor-Prote´ge´ stockholders, managing members, or key businesses. 81 FR 48558 (July 25, 2016). Program and continue to allow any 8(a) Currently, the mentor-prote´ge´ Participant to enter a mentor-prote´ge´ employees. The rule would merely add program available to firms participating relationship through the All Small the word ‘‘current’’ to the regulatory text in the 8(a) BD Program (contained in 13 Mentor-Prote´ge´ Program. Specifically, to ensure that affiliation may arise CFR 124.520) is used as a business the proposed rule would revise where the key individuals are still associated with the first company. SBA development tool in which mentors § 124.520 to merely recognize that an believes that such a finding of affiliation provide diverse types

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