Rule2024-04854
Providing Discretion To Extend Women-Owned Small Business Program Recertification Where Appropriate
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2024
Effective
March 7, 2024
Issuing agencies
Small Business Administration
Abstract
This interim final rule contains amendments to the regulations governing the Women-Owned Small Business (WOSB) program. The U.S. Small Business Administration (SBA) is revising its regulations to specifically recognize that the SBA Administrator may extend the date of WOSB recertification where appropriate.
Full Text
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<title>Federal Register, Volume 89 Issue 46 (Thursday, March 7, 2024)</title>
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[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Rules and Regulations]
[Pages 16445-16446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04854]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules
and Regulations
[[Page 16445]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 127
RIN 3245-AI11
Providing Discretion To Extend Women-Owned Small Business Program
Recertification Where Appropriate
AGENCY: U.S. Small Business Administration.
ACTION: Interim final rule.
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SUMMARY: This interim final rule contains amendments to the regulations
governing the Women-Owned Small Business (WOSB) program. The U.S. Small
Business Administration (SBA) is revising its regulations to
specifically recognize that the SBA Administrator may extend the date
of WOSB recertification where appropriate.
DATES: This interim final rule is effective March 7, 2024. Comments
must be received on or before May 6, 2024.
ADDRESSES: You may submit comments, identified by RIN 3245-AI11, and/or
Docket Number SBA-2-24-0001 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
follow the instructions for submitting comments.
<bullet> Mail (for paper, disk, or CD-ROM submissions): Harry T.
Alexander Jr., Business Opportunity Specialist, Office of Contracting
Assistance, U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted on <a href="http://www.regulations.gov">http://www.regulations.gov</a>. If you wish to submit confidential business
information (CBI) as defined in the User Notice at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, please submit the comments to Harry T. Alexander
Jr. and highlight the information that you consider to be CBI and
explain why you believe this information should be held confidential.
FOR FURTHER INFORMATION CONTACT: Harry T. Alexander Jr., U.S. Small
Business Administration, Office of Contracting Assistance, 409 Third
Street SW, Washington, DC 20416; (202) 619-0314,
<a href="/cdn-cgi/l/email-protection#741c1506060d5a1518110c151a1011061e06340716155a131b02"><span class="__cf_email__" data-cfemail="abc3cad9d9d285cac7ced3cac5cfced9c1d9ebd8c9ca85ccc4dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 127.400 of SBA's WOSB regulations
specifies that any concern seeking to remain a certified WOSB or
Economically Disadvantaged Women-Owned Small Business (EDWOSB) must
undergo a program examination every three years. Currently, there is no
discretion in postponing recertification beyond the three-year
anniversary date of a firm's WOSB or EDWOSB certification. SBA believes
that SBA should have the discretion to postpone a firm's
recertification date in appropriate circumstances. SBA is not seeking
to eliminate the requirement that a firm must demonstrate that it
continues to be eligible for the WOSB program or that SBA must
recertify the firm as eligible. This change would merely recognize that
there may be appropriate circumstances in which SBA may permit
recertification to occur beyond three years from the date of the last
certification. This change will not have substantive effect on
eligibility for or the award of contracts set-aside or reserved for
WOSBs/EDWOSBs. Regardless of whether a recertification has recently
occurred or not, a firm must qualify as a WOSB/EDWOSB on the date that
it submits its initial offer, which includes price, for a WOSB/EDWOSB
contract, reserve, or order issued under a contract that was not itself
set-aside or reserved for WOSBs or EDWOSBs. Any interested party may
protest the status of a WOSB or EDWOSB who has been identified as the
apparent successful offeror. If a protested firm does not continue to
qualify as a WOSB/EDWOSB as of the date of its initial offer which
includes price, SBA will find the firm ineligible for award. This rule
does not change or affect that process in any way.
To effectuate the discretion identified above, this rule adds a new
Sec. 127.400(c), which gives specific authority to SBA to postpone the
date of WOSB/EDWOSB recertification where appropriate circumstances
exist. SBA's Administrator, or designee, will have the sole discretion
in determining whether such circumstances exist and there will be no
authority to appeal or challenge that decision.
Compliance With Executive Orders 12866, 12988, 13132, 13563, the
Congressional Review Act (5 U.S.C. 801-808), the Paperwork Reduction
Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 U.S.C.
601-612)
Executive Order 12866
The Office of Management and Budget has determined that this rule
is not a ``significant regulatory action'' under Executive Order No.
12866. This rule merely provides specific discretion to SBA's
Administrator or designee to postpone the date of WOSB recertification
where appropriate. It does not make any substantive changes to the WOSB
program.
As such, the rule has no effect on the amount or dollar value of
any Federal contract requirements or of any financial assistance
provided through SBA. Therefore, the rule is not likely to have an
annual economic effect of $200 million or more, result in a major
increase in costs or prices, or have a significant adverse effect on
competition or the United States economy. In addition, this rule does
not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency, materially alter the
budgetary impact of entitlements, grants, user fees, loan programs, or
the rights and obligations of such recipients, nor raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Executive Order 13563
Executive Order 13563, Improving Regulation and Regulatory Review
(January 18, 2011), requires agencies to adopt regulations through a
process that involves public participation, and to the extent feasible,
base regulations on the open exchange of information and perspectives
from affected stakeholders and the public as a whole. SBA has developed
this rule in a manner consistent with these requirements, and the
public will have the opportunity to provide comments following the
publication of this rule.
[[Page 16446]]
Executive Order 12988
This action meets applicable standards set forth in section 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action does not
have retroactive or preemptive effect.
Executive Order 13132
This rule does not have Federalism implications as defined in
Executive Order 13132. It will not have substantial direct effects on
the States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in the Executive Order. As
such, it does not warrant the preparation of a Federalism Assessment.
Congressional Review Act (5 U.S.C. 801-808)
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule is not a ``major rule'' under 5 U.S.C. 804(2).
Paperwork Reduction Act
The SBA has determined that this rule does not impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act, 44 U.S.C. Chapter 35.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C.
601-612, requires Federal Government agencies to prepare an initial
regulatory flexibility analysis (IRFA) to consider the potential impact
of the regulations on small entities. Small entities include small
businesses, small not-for-profit organizations, and small governmental
jurisdictions. Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing a regulatory flexibility analysis, if the
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities.
This interim final rule provides discretion to SBA to postpone the
date on which a firm must undergo a program examination and be
recertified as an eligible WOSB or EDWOSB. Currently, SBA or a third-
party certifier will conduct a program examination three years after
the concern's initial WOSB or EDWOSB certification. This rule merely
allows SBA to postpone that program examination and recertification
process in appropriate, extraordinary circumstances. As such, SBA does
not anticipate that this rule will have a significant economic impact
on any small business. Therefore, the Administrator of SBA certifies
under 5 U.S.C. 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 13 CFR Part 127
Government contracts, Reporting and recordkeeping requirements,
Small businesses.
Accordingly, for the reasons stated in the preamble, SBA amends 13
CFR part 127 as follows:
PART 127--WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM
0
1. The authority citation for part 127 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 637(m), 644 and 657r.
0
2. Amend Sec. 127.400 by adding paragraph (c) to read as follows:
Sec. 127.400 How does a concern maintain its WOSB or EDWOSB
certification?
* * * * *
(c) The SBA Administrator or designee may postpone the program
examination and recertification process in appropriate, extraordinary
circumstances.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024-04854 Filed 3-6-24; 8:45 am]
BILLING CODE 8026-03-P
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