This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
U.S. Small Business Administration.
Correcting amendment.
The U.S. Small Business Administration (SBA) is correcting a final rule that was published in the Federal Register on December 17, 2024. ( printed page 9674) The rule clarified and improved policies surrounding a comprehensive revision to the HUBZone Program regulations published in 2019, among other changes. This document is making several technical corrections to the final regulations.
Effective February 18, 2025.
Alison Amann, Chief HUBZone Counsel, Office of General Counsel, (202) 205-6841, alison.amann@sba.gov.
On December 17, 2024, SBA published a final rule amending the regulations pertaining to the HUBZone program and SBA's other small business contracting programs to reduce unnecessary or excessive burdens on small businesses, clarify certain policies, and make the regulations governing SBA's contracting programs more consistent. 89 FR 102448.
The final rule amended § 121.1001 by adding paragraphs (a)(11) and (12), authorizing size protests in response to contract-specific size recertifications required by § 125.12. The language in these paragraphs was moved from proposed paragraphs (b)(12) and (13) that appeared in the proposed rule preceding the final rule. See89 FR 68274, 68276 (Aug. 23, 2024). However, as stated in the preamble to the final rule, SBA meant to move proposed paragraphs (b)(12) and (13) to a single new paragraph (a)(11). The addition of paragraph (a)(12) was an error. This correction fixes that error. This correction also fixes the language in paragraph (a)(11) to reflect that the recertification requirements in § 125.12 specifically apply to “Set Aside or Reserved Awards” as defined in § 125.1. In addition, this correction amends § 121.1004 to add the corresponding timeliness requirements for protests filed under new § 121.1001(a)(11), which SBA indicated in the preamble of the final rule that SBA would include but were inadvertently left out of the final rule.
The final rule amended § 124.602 by increasing the threshold triggering a requirement to submit audited financial statements from $10 million to $20 million. The final rule made this change in paragraphs (a)(1) and (2), but the final rule inadvertently left out a corresponding change to the introductory language to paragraph (a). This correction fixes that omission by changing “$10,000,000” to “$20,000,000” in that introductory text.
The final rule provided that § 126.103 was amended by revising the definition for “Certification or Certify.” However, the amendment could not be incorporated because that definition does not exist in the current regulations. Instead, the current regulations define only “Certify.” This correction addresses that oversight.
The final rule amended § 126.200 by revising paragraph (c)(1) to implement certain changes related to the long-term investment provision. Paragraph (c)(1) contains an example that requires technical correction to reflect the changes in the final rule.
Accordingly, 13 CFR parts 121, 124, and 126 are corrected by making the following correcting amendments:
1. The authority citation for part 121 continues to read as follows:
2. Amend § 121.1001 by revising paragraph (a)(11) and removing paragraph (a)(12).
The revision reads as follows:
(a) * * *
(11) In connection with a size recertification relating to a Set Aside or Reserved Award (as defined in § 125.1 of this chapter), that is required by § 125.12 of this chapter, the following entities may file a size protest challenging the recertification:
(i) The contracting officer;
(ii) The SBA program manager relating to the Set Aside or Reserved Award at issue ( i.e., the Director of Government Contracting, the Associate Administrator for Business Development, or the Director of HUBZone, as appropriate), or the Associate General Counsel for Procurement Law; or
(iii) Any other contract or agreement holder, if it is a multiple award contract or agreement.
3. Amend § 121.1004 by redesignating paragraphs (a)(4) and (5) as paragraphs (a)(5) and (6), respectively, and adding a new paragraph (a)(4) to read as follows:
(a) * * *
(4) Protests relating to size recertifications. Protests from another contract or agreement holder relating to a size recertification required by § 125.12 of this chapter must be received by the contracting officer prior to the close of business on the 5th business day after bid opening or notice (including notice received in writing, orally, or via electronic posting) of the identity of the prospective awardee of an order issued under a multiple award contract or agreement.
4. The authority citation for part 124 continues to read as follows:
5. Amend § 124.602 in paragraph (a) introductory text by removing “$10,000,000” and adding in its place “$20,000,000”.
6. The authority citation for part 126 continues to read as follows:
7. Amend § 126.103 by removing the definition of “Certify” and adding in its place a definition for “Certification or certify” to read as follows:
Certification or certify means the process by which SBA determines that a concern is qualified for the HUBZone program and eligible to be designated by SBA as a certified HUBZone small ( printed page 9675) business concern in DSBS (or successor system).
8. Amend § 126.200 by redesignating example 1 to paragraph (c)(2)(i) as example 1 to paragraph (c)(1)(ii) and revising it to read as follows:
(c) * * *
(1) * * *
(ii) * * *
Example 1 to paragraph (c)(1)(ii). If a firm was certified on March 31, 2021, and purchased a building on July 20, 2021, the 10-year clock would begin on the date of the investment (July 20, 2021).
Larry Stubblefield,
Deputy Associate Administrator, Government Contracting and Business Development.
[FR Doc. 2025-02741 Filed 2-14-25; 8:45 am]
BILLING CODE 8026-09-P