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SBA RIN: 3245-AH70 Publication ID: Fall 2023 
Title: Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program 
Abstract:

This final rule makes several changes to the ownership and control requirements for the 8(a) Business Development (BD) program, including recognizing a process for allowing a change of ownership for a former Participant that is still performing one or more 8(a) contracts and permitting an individual to own an applicant or Participant where the individual can demonstrate that financial obligations have been settled and discharged by the Federal Government. The rule also makes several changes relating to 8(a) contracts, including clarifying that a contracting officer cannot limit an 8(a) competition to Participants having more than one certification and clarifying the rules pertaining to issuing sole source 8(a) orders under an 8(a) multiple award contract. The rule also makes several other revisions to incorporate changes to SBA's other government contracting programs, including changes to implement a statutory amendment from the National Defense Authorization Act for Fiscal Year 2022, to include blanket purchase agreements in the list of contracting vehicles that are covered by the definitions of consolidation and bundling, and to more clearly specify the requirements relating to waivers of the nonmanufacturer rule.

 
Agency: Small Business Administration(SBA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 13 CFR 121    13 CFR 124    13 CFR 125    13 CFR 126    13 CFR 127    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 U.S.C. 634(b)(6)    15 U.S.C. 637(a)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/09/2022  87 FR 55642   
NPRM Comment Period End  11/08/2022 
Final Rule  04/27/2023  88 FR 26164   
Final Rule Effective  05/30/2023 
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:
Van Tran
Small Business Administration
409 Third Street SW,
Washington, DC 20416
Phone:202 205-7567