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SBA RIN: 3245-AG94 Publication ID: Spring 2020 
Title: Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments 
Abstract:

This rule will merge the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program. This rule will also eliminate the burden imposed caused by requiring 8(a) Participants seeking to be awarded an 8(a) contract as a joint venture to submit the joint venture agreement to SBA for review and approval prior to contract award, make a number of other changes to the 8(a) BD program that would reduce unnecessary or excessive burdens on 8(a) Participants, and clarify other regulatory provisions to eliminate confusion among small businesses and procuring activities, including: clarifying that size recertification is not required when the ownership of a concern that is at least 51 percent owned by an entity (i.e., tribe, ANC, or Community Development Corporation (CDC)) changes to or from a wholly-owned business concern of the same entity, as long as the ultimate owner remains that entity; allowing a concern that has been declined for 8(a) BD program participation to submit a new application 90 days after the date of the Agency’s final decision instead of requiring a concern to wait 12 months from the date of the final agency decision to reapply (making the 8(a) BD program consistent with the HUBZone program); lessening the burden on 8(a) Participants seeking minor changes in ownership by providing that prior SBA approval is not needed where a previous owner held less than a 20 percent interest in the concern both before and after the transaction; eliminating the provision that a Participant cannot receive any 8(a) BD benefits until SBA has approved its business plan; clarifying that SBA does not use the certificate of competency (COC) procedures for 8(a) sole source contracts; eliminating confusion as to whether an ANC-owned subcontractor that does not individually qualify as small but counts as a small business or a small disadvantaged business for goaling purposes must itself submit a subcontracting plan; and amending SBA’s Office of Hearings and Appeals procedures to make them consistent with SBA’s size and regulations (they were not previously consistent regarding the effect of a NAICS code appeal, which has caused confusion in the procurement community).

 

 
Agency: Small Business Administration(SBA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 13 CFR 124    13 CFR 125   
Legal Authority: 15 U.S.C. 637(a), 657r   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Public Meeting  04/23/2018  83 FR 17626   
Public Meeting  05/30/2018  83 FR 24684   
NPRM  11/08/2019  84 FR 60846   
NPRM Comment Period Extended  01/10/2020  85 FR 1289   
NPRM Comment Period End  01/17/2020 
NPRM Comment Period Extended End  02/07/2020 
Final Rule  09/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Brenda J. Fernandez
Analyst, Office of Policy, Planning and Liasion
Small Business Administration
409 Third Street SW,
Washington, DC 20416
Phone:202 205-7337
Email: brenda.fernandez@sba.gov